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VINIT KUMAR MATHUR
Tarun Sharma, S/o. Late Shri Ved Prakash Sharma – Appellant
Versus
State of Rajasthan through the Secretary, Co-operative Department, Rajasthan, Jaipur – Respondent
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
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....
Confirmation of payment by the opposite party led to the closure of the contempt petitions.
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