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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
VINIT KUMAR MATHUR, J.
Tarun Sharma, S/o. Late Shri Ved Prakash Sharma & Ors. - Petitioners
Versus
State of Rajasthan through the Secretary, Co-operative Department, Rajasthan, Jaipur & Ors. - Respondents
S.B. Civil Writ Petition No. 7088 of 2016 Connected With S.B. Civil Writ Petition No. 5231 of 2015 S.B. Civil Writ Petition No. 5232 of 2015, S.B. Civil Writ Petition No. 8919 of 2016, S.B. Civil Writ Petition No. 8922 of 2016, S.B. Civil Writ Petition No. 8923 of 2016, S.B. Civil Writ Petition No. 8393 of 2017, S.B. Civil Writ Petition No. 8594 of 2017, S.B. Civil Writ Petition No. 12145 of 2017, S.B. Civil Writ Petition No. 18890 of 2018, S.B. Civil Writ Petition No. 16834 of 2018, S.B. Civil Writ Petition No. 17518 of 2018, S.B. Civil Writ Petition No. 17519 of 2018, S.B. Civil Writ Petition No. 17521 of 2018, S.B. Civil Writ Petition No. 17522 of 2018, S.B. Civil Writ Petition No. 17527 of 2018, S.B. Civil Writ Petition No. 17537 of 2018, S.B. Civil Writ Petition No. 17557 of 2018, S.B. Civil Writ Petition No. 17630 of 2018, S.B. Civil Writ Petition No. 18044 of 2018, S.B. Civil Writ Petition No. 18219 of 2018, S.B. Civil Writ Petition No. 18230 of 2018, S.B. Civil Writ Petition No. 18233 of 2018, S.B. Civil Writ Petition No. 18295 of 2018, S.B. Civil Writ Petition No. 18297 of 2018, S.B. Civil Writ Petition No. 18304 of 2018, S.B. Civil Writ Petition No. 18306 of 2018, S.B. Civil Writ Petition No. 18386 of 2018, S.B. Civil Writ Petition No. 18412 of 2018, S.B. Civil Writ Petition No. 18419 of 2018, S.B. Civil Writ Petition No. 18420 of 2018, S.B. Civil Writ Petition No. 18430 of 2018, S.B. Civil Writ Petition No. 18452 of 2018, S.B. Civil Writ Petition No. 18462 of 2018, S.B. Civil Writ Petition No. 18483 of 2018, S.B. Civil Writ Petition No. 18485 of 2018, S.B. Civil Writ Petition No. 18489 of 2018, S.B. Civil Writ Petition No. 18494 of 2018, S.B. Civil Writ Petition No. 18497 of 2018, S.B. Civil Writ Petition No. 18498 of 2018, S.B. Civil Writ Petition No. 18506 of 2018, S.B. Civil Writ Petition No. 18573 of 2018, S.B. Civil Writ Petition No. 18744 of 2018, S.B. Civil Writ Petition No. 18787 of 2018, S.B. Civil Writ Petition No. 18790 of 2018, S.B. Civil Writ Petition No. 18793 of 2018, S.B. Civil Writ Petition No. 18794 of 2018, S.B. Civil Writ Petition No. 18795 of 2018, S.B. Civil Writ Petition No. 18797 of 2018, S.B. Civil Writ Petition No. 18808 of 2018, S.B. Civil Writ Petition No. 18818 of 2018, S.B. Civil Writ Petition No. 19049 of 2018, S.B. Civil Writ Petition No. 551 of 2019, S.B. Civil Writ Petition No. 3025 of 2019, S.B. Civil Writ Petition No. 3052 of 2019, S.B. Civil Writ Petition No. 3764 of 2019, S.B. Civil Writ Petition No. 3775 of 2019, S.B. Civil Writ Petition No. 4023 of 2019, S.B. Civil Writ Petition No. 4026 of 2019, S.B. Civil Writ Petition No. 4700 of 2019, S.B. Civil Writ Petition No. 4723 of 2019, S.B. Civil Writ Petition No. 4826 of 2019, S.B. Civil Writ Petition No. 5227 of 2019, S.B. Civil Writ Petition No. 6415 of 2019, S.B. Civil Writ Petition No. 6965 of 2019, S.B. Civil Writ Petition No. 9457 of 2019, S.B. Civil Writ Petition No. 9474 of 2019, S.B. Civil Writ Petition No. 9723 of 2019, S.B. Civil Writ Petition No. 9747 of 2019, S.B. Civil Writ Petition No. 9765 of 2019 S.B. Civil Writ Petition No. 10414 of 2019, S.B. Civil Writ Petition No. 10521 of 2019, S.B. Civil Writ Petition No. 11073 of 2019, S.B. Civil Writ Petition No. 11595 of 2019, S.B. Civil Writ Petition No. 11641 of 2019, S.B. Civil Writ Petition No. 11662 of 2019, S.B. Civil Writ Petition No. 12055 of 2019, S.B. Civil Writ Petition No. 12082 of 2019, S.B. Civil Writ Petition No. 13792 of 2019, S.B. Civil Writ Petition No. 13797 of 2019, S.B. Civil Writ Petition No. 18513 of 2019, S.B. Civil Writ Petition No. 3175 of 2020, S.B. Civil Writ Petition No. 13591 of 2020, S.B. Civil Writ Petition No. 13695 of 2020, S.B. Civil Writ Petition No. 13704 of 2020, S.B. Civil Writ Petition No. 13706 of 2020, S.B. Civil Writ Petition No. 13735 of 2020, S.B. Civil Writ Petition No. 3743 of 2024, S.B. Civil Writ Petition No. 3816 of 2024, S.B. Civil Writ Petition No. 14849 of 2015, S.B. Civil Writ Petition No. 12195 of 2018, S.B. Civil Writ Petition No. 18045 of 2018, S.B. Civil Writ Petition No. 14 of 2019, S.B. Civil Writ Petition No. 5145 of 2019, S.B. Civil Writ Petition No. 6737 of 2019, S.B. Civil Writ Petition No. 12057 of 2019, S.B. Civil Writ Petition No. 12083 of 2019, S.B. Civil Writ Petition No. 3886 of 2024
Decided On : 30-08-2024
Writ Petition - Employment Benefits - The court addressed the relief sought by the petitioners regarding unpaid salaries and benefits, referencing a prior judgment and the ongoing Supreme Court proceedings that influenced the decision to extend relief based on those rulings.
Fact of the Case:
The petitioners sought to quash an order and demanded payment of due salaries and benefits from August 2007 to July 2015, totaling over Rs. 32 lakhs, along with interest and legal expenses.
Finding of the Court:
The court noted that the issues raised were similar to a previous judgment and acknowledged that the validity of that judgment was under review by the Supreme Court, which had stayed its operation.
Issues: Whether the petitioners are entitled to the relief sought based on the previous judgment and the pending Supreme Court decisions.
Ratio Decidendi: The court decided to dispose of the writ petitions by extending the relief in accordance with the Supreme Court's pending decisions, emphasizing that further entitlements would depend on existing rules and prior judgments.
Result: The writ petitions were disposed of with the observation that relief would be granted in line with the Supreme Court's decisions in related matters.
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:-
(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. 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.
The court established that the relief for unpaid salaries and benefits is contingent upon the outcomes of ongoing Supreme Court proceedings and existing legal frameworks.
Retired employees are deemed to have continued in service until age 62, entitling them to pensions and benefits.
The recovery of arrear salary from a retired employee, without fault or misrepresentation, and after a long period from the date of retirement is not permissible in law.
The court emphasized the limitations on the exercise of powers conferred by Article 226 of the Constitution of India and held that the petitioners' claim was an attempt to reopen a settled issue.
The main legal point established in the judgment is the application of precedent and the direction to treat similar cases in a consistent manner.
The court established that claims for service-related pay benefits can be limited by considerations of delay and timeliness, adhering to established precedents regarding equal pay and non-discriminat....
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