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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Rekha Borana, J.
Jai Prakash S/o Shri Hemraj Ji - Appellant
Vs.
The State Of Rajasthan, Through The Secretary, Department Of Education Group-Ii, State Secretariat Govt. Of Rajasthan, Jaipur - Respondent
S.B. Civil Writ Petition No. 3629, 79, 120, 584, 715, 774, 3606, 3630, 3631, 3768, 4781, 5108, 5411, 6253, 6309, 6316, 9064, 9066 of 2018, S.B. Civil Writ Petition No. 1770, 1876, 1906, 1908, 1909, 1984, 4676, 12760 of 2019
Decided On : 22-03-2022
Constitution of India,1950 – Article 226 - Payment of Gratuity Act, 1972 - Section 2, 2(c) - Rajasthan Civil Services (Pension) Rules, 1996 - Rule 12 - Commencement of qualifying service – Power of High Court to issue certain writs - continuous service – Held, it clear that present petitions have been filed by petitioners on sole ground that as her, similarly situated person, has been granted regularization w.e.f date of her initial appointment same may be granted to them also - It is clear on record that services of petitioners were regularized way back between years, and no such grievance was ever raised by petitioners even till date of their retirement (in case where the petitioner had retired) - Only when orders for pension in case of her, calculating same on basis of initial date of appointment were issued, present petitioners too decided to raise their claim for first time in year vide a notice which was served on respondent-authorities - Applications disposed of
ORDER :
All these writ petitions having been filed by similarly situated people and involving identical questions of law are being heard and decided together.
2. For the sake of convenience, facts of S.B. Civil Writ Petition No. 3629/2018; Jai Prakash Vs. State of Rajasthan & Ors. are taken as a lead case.
3. Brief details of the essential dates qua all the petitioners is reproduced hereunder :
| Sr. No. | Writ No. | Date of Joining | Date of Regularization of service | Date of Retirement | Petition filed on |
| 1. | CWP 3629/18 Jai Prakash | 09.07.1986 | 22.08.1994 | 31.07.2027 In service | 12.03.2018 |
| 2. | CWP 79/2018 Indra Ram Acharya | 15.09.1981 | 21.10.1991 | 31.07.2014 Retired | 21.12.2017 |
| 3. | CWP 120/2018 Govind Singh | 15.09.1981 | 21.10.1991 | 31.03.2019 Retired | 02.01.2018 |
| 4. | CWP 584/2018 Sukhdev Bhargav | 02.02.1982 | 21.10.1991 | 31.10.2015 Retired | 10.01.2018 |
| 5. | CWP 715/2018 Shankar Singh | 04.07.1986 | 21.10.1991 | 28.02.2017 Retired | 03.01.2018 |
| 6. | CWP 774/2018 Magharam | 02.02.1982 | 21.10.1991 | 31.07.2010 Retired | 18.12.2017 |
| 7. | CWP 3606/18 Jaisa Ram | 24.05.1985 | 28.08.1992 | 31.07.2023 In service | 12.03.2018 |
| 8. | CWP 3630/18 Poonam Singh | 06.03.1980 | 21.10.1991 | 30.06.2020 Retired | 12.03.2018 |
| 9. | CWP 3631/18 Shivijiram | 14.04.1980 | 21.10.1991 | 31.07.2021 Retired | 12.03.2018 |
| 10. | CWP 3768/18 Tej Singh | 01.07.1986 | 21.10.1991 | 31.01.2018 Retired | 12.03.2018 |
| 11. | CWP 4781/18 Mangla Ram | 15.09.1981 | 21.10.1991 | 30.06.2023 In service | 17.03.2018 |
| 12. | CWP 5108/18 Mangilal-I | 02.02.1982 | 31.10.1991 | 31.08.2023 In service | 17.03.2018 |
| 13. | CWP 5411/18 Surtaram | 15.09.1991 | 21.10.1991 | 30.04.2019 Retired | 30.03.2018 |
| 14. | CWP 6253/18 Damaram | 24.05.1985 | 15.12.1993 | 31.12.2027 In service | 24.04.2018 |
| 15. | CWP 6309/18 Umedaram | 24.05.1985 | 15.05.1993 | 31.10.2014 Retired | 26.04.2018 |
| 16. | CWP 6316/18 Ghamandaram | 07.07.1986 | 13.08.1994 | 31.08.2023 In service | 26.04.2018 |
| 17. | CWP 9064/18 Noratan Ram | 04.02.1982 | 31.10.1991 | 31.12.2017 Retired | 29.06.2018 |
| 18. | CWP 9066/18 Madanraj Acharya | 15.09.1981 | 31.10.1991 | 30.06.2015 Retired | 29.06.2018 |
| 19. | CWP 1770/19 Moola Ram | 04.09.1986 | 10.08.1994 | 28.02.2026 In service | 07.01.2019 |
| 20. | CWP 1876/19 Ladhu Ram | 01.07.1985 | 21.05.1993 | 31.12.2024 In service | 11.01.2019 |
| 21. | CWP 1906/19 Rameshwarlal | 01.07.1985 | 25.05.1993 | 31.08.2026 In service | 07.01.2019 |
| 22. | CWP 1908/19 Hanumana Ram | 01.07.1985 | 25.10.1991 | 30.09.2019 Retired | 07.01.2019 |
| 23. | CWP 1909/19 Thakraram | 05.07.1985 | 22.12.1993 | 30.11.2023 In service | 07.01.2019 |
| 24. | CWP 1984/19 Sona Ram | 17.09.1986 | 15.08.1994 | 30.06.2024 In service | 15.01.2019 |
| 25. | CWP 4676/19 Mangilal-II | 01.07.1985 | 09.09.1992 | 30.09.2023 In service | 14.03.2019 |
| 26. | CWP 2760/19 Bhoora Ram | 11.10.1985 | 10.12.1993 | 30.06.2020 Retired | 19.08.2019 |
4. The case of the petitioners is that they were appointed with the Department as Class-IV employee through a regular selection process on daily wage basis. Later on, a decision was taken by the Government to regularize the services of such daily wager Class-IV servants. In that regard order dated 30.09.1985 was passed wherein criteria for regularization of services was fixed. In pursuance to the said order and in pursuance to certain orders passed by the High Court in certain writ petitions filed by the employees the services of the Class-IV employees were regularized by the Department. In the present matters, the said date of regularization qua all the petitioners fall somewhere between the year 1991-1994. 14 out of the present petitioners have since retired and 12 are still in service.
5. The case of the petitioners in the present petitions is that their services have not been regularized w.e.f the da
Service rendered as a daily wage worker must be counted for pension and gratuity benefits upon regularization, ensuring non-discrimination and fairness.
The petitioners cannot claim regularization of their services from the date of initial appointment and were entitled to count only half of their service rendered in consolidated pay posts for pension....
Retiral benefits must be calculated from the date of initial appointment, not from the date of regularization, as established by precedents.
Pension is a right that cannot be arbitrarily denied; employees with long-term service against sanctioned posts are entitled to have their past service counted for pension benefits, regardless of the....
Pre-regularization service - claim of the employee should have been considered immediately if not through pre-regularization services and get counted for the purpose of terminal benefits
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