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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
DINESH MEHTA, J.
Jitendra Singh S/o Shri Gaje Singh Bhati – Appellant
Versus
State Of Rajasthan – Respondents
S.B. Civil Writ Petition No. 9869 of 2020, S.B. Civil Writ Petition No. 7139 of 2020
Decided on : 19-09-2023
Salary - Re-fixation of pay scale - Prayer made in writ petition, vis-a-vis, order passed by State Government, State submits that relief claimed in writ petitions has already been granted to petitioners and writ petition has been rendered infructuous - Held, State Government had taken an in-principle decision to redress petitioners’ grievance way back, competent authority of respondent – State is hereby directed to pass an appropriate order revising petitioners’ pay scale in terms of order and determine salary payable as early as possible preferably within three months from today - After re-fixation of petitioners’ pay scale, respondents shall pay arrears to petitioners – Applications disposed of.
ORDER :
1. While inviting Court’s attention to the prayer made in the writ petition, vis-a-vis, the order dated 28.05.2021 passed by the State Government, Mr. Bissa learned counsel for the respondent – State submits that the relief claimed in the writ petitions has already been granted to the petitioners and the writ petition has been rendered infructuous.
2. In view of the submissions noticed above and considering the order dated 28.05.2021, both the writ petitions are dismissed as having been rendered infructuous.
3. Since, it is admitted case of the State that petitioners’ grievance has been redressed, it is incumbent upon the competent authority to pass an appropriate order in terms of the order dated 28.05.2021.
4. In view of the fact that the State Government had taken an in-principle decision to redress petitioners’ grievance way back on 28.05.2021, the competent authority of the respondent – State is hereby directed to pass an appropriate order revising petitioners’ pay scale in terms of the order dated 28.05.2021 and determine the salary payable as early as possible preferably within three months from today.
5. After re-fixation of petitioners’ pay scale, the respondents shall pay the arrears to the petitioners latest by 31.03.2024.
6. Both the stay applications also stand disposed of accordingly.
The court directed the competent authority to revise pay scales and consider the petitioners' representation based on prior judgments, emphasizing timely resolution.
The court upheld the principle of compliance with established court orders while allowing for pending civil reviews, ensuring similar relief for petitioners.
The court enforced salary revisions for clerks pending completion of a civil review on related conflicting orders.
The court mandates timely consideration of employee representations regarding pay scale implementation without ruling on their merits.
The State has a duty to address employee grievances and provide reasoned responses to representations, promoting natural justice and reducing litigation.
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