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2024 DIGILAW 1159 (RAJ)

Tarun Sharma, S/o. Late Shri Ved Prakash Sharma v. State of Rajasthan through the Secretary, Co-operative Department, Rajasthan, Jaipur

2024-08-30

VINIT KUMAR MATHUR

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ORDER : Vinit Kumar Mathur, J. 1. Since the controversy involved in all the above writ petitions is similar, therefore, they are being heard and decided together by this common order. However, for the sake of brevity, the relief sought for in S.B. Writ Petition No.7088/2016 “Tarun Sharma Vs. State of Rajasthan & Anr.” is being reproduced as under:- “(a) by an appropriate writ, order or direction the impugned order dated 18.11.2015 (Annex.19) may kindly be quashed and set aside and the respondents society may be directed to verify the petitioner service records on its own level. (b) by an appropriate writ, order or direction the respondent may be directed to pay due salary from August, 2007 to July, 2015 an amount of Rs.18,36,480/-, during the aforesaid period, all increments, fixation of new pay commission, arrears according to new pay commission, Provident Fund of Rs.7,74,306/-, Gratuity amount of Rs.4,24,284/- and Leave encashment of 300 days i.e. Rs.2,58,960/- and total Rs.32,97,030-52000 (under protest salary received)=32,45,030/- is due upto July, 2015 from its due date with all consequential benefits as admissible to Govt. Bank employee and other retiral consequential benefits as admissible to Govt. Bank employee etc.; (c) by an appropriate writ, order or direction the respondents may be directed to pay interest @ 18% per annum on due amount till the actual payment is made to him and respondents may also be directed to pay all legal expenses, fee which has been paid by him in legal proceeding;” 2. At the outset, learned counsel for the respondents submits that the present cases are squarely covered by the judgment of this Court delivered on 14/09/2018 in a batch of writ petitions led by D.B. Civil Writ Petition No. 5016/2016 (Daluram Kumawat vs. State of Rajasthan & Ors.). However, learned counsel submits that the validity of this judgment dated 14/09/2018 is assailed before the Hon’ble Supreme Court wherein the Hon’ble Supreme Court has stayed the operation of the judgment vide its order dated 14/03/2019. He further submits that in any case, the case of the petitioners will be covered by the decision of the Hon’ble Supreme Court in Petition for Special Leave to Appeal (Civil) No. 7484/2019 and other connected matters. 3. He further submits that in any case, the case of the petitioners will be covered by the decision of the Hon’ble Supreme Court in Petition for Special Leave to Appeal (Civil) No. 7484/2019 and other connected matters. 3. In the circumstances, the writ petitions are disposed of with the observation that the relief prayed for in these writ petitions shall be extended to the petitioners in the light of the judgment passed by the Hon’ble Supreme Court in the aforesaid pending SLPs and connected matters. 4. Needless to observe that the consideration of entitlement of the petitioners other than the pronouncements made by Hon’ble Supreme Court will depend upon the entitlement as per the Rules and the judgment rendered in S.B. Civil Writ Petition No.3497/1999 “Rajasthan Sahakari Karamchari Sangh, Jaipur & Ors. Vs. The Government, Co-operative Department & Ors.” dated 09.10.2018.