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2025 Supreme(RAJ) 859

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
JUSTICE DINESH MEHTA, J
DASHRATH SINGH KANAWAT – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 3714 / 2025



Advocates:
Mr. Tanwar Singh Rathore

The court directed the competent authority to revise pay scales and consider the petitioners' representation based on prior judgments, emphasizing timely resolution.

Headnote:(A) Civil Procedure - Writ Petition - Order dated 28.05.2021 - Petitioners sought relief in a similar case already disposed of by the court, rendering the current petition infructuous - The court directed the competent authority to revise pay scales and determine salaries based on the prior order within three months. (Paras 2-5)

(B) Representation - The court allowed petitioners to submit a detailed representation to be considered in light of the previous judgment, emphasizing the need for timely resolution. (Paras 3-5)

Facts of the case:
Petitioners filed a writ petition concerning grievances regarding pay scales, which were previously addressed by the State Government in an order dated 28.05.2021, leading to the dismissal of the current petition as infructuous.

Findings of Court:
The court ordered the competent authority to revise the pay scale and ensure the payment of arrears by 31.12.2023.

Issues: The court examined whether the petitioners' grievances had been adequately addressed and the implications of the previous order on the current petition.

Ratio Decidendi: The court reaffirmed that if the facts align with the earlier case, the respondents must act accordingly; otherwise, they may assess the claims independently.

Result: Writ petition disposed of.

Order :

1. Heard learned counsel for the petitioners.

2. Learned counsel for the petitioners submits that in the identical situation this court vide order dated 25.04.2023 has disposed of S.B. Civil Writ Petition No.6580/2020 (Jugal Kishore & Ors. V/s State & Ors.) in the following terms:-

“1. While inviting court’s attention to the prayer in the writ petition, vis-a-vis, the order dated 28.05.2021 passed by the State Government, Mr. Chanda 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 notices above and considering the order dated 28.05.2021, the writ petition is dismissed as having been rendered infructuous.

3. Since, it is admitted case of the State that petitioners’ grievance has been redressed, it will be incumbent upon the competent authority to pass an 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 petitioner’s pay scale, the respondents shall pay the arrears to the petitioners latest by 31.12.2023.

6. The stay application also stands disposed of accordingly”.

3. In view of the matter, learned counsel for the petitioners submits that the petitioners may be permitted to submit a detailed representation to the respondents and prays that the respondents may be directed to consider the same in the light of judgment rendered by this court in the case of Jugal Kishore & Ors (supra).

4. Considering the limited prayer made by the counsel for the petitioners, the present writ petition is disposed of in terms that in the event of filing a representation by the petitioners, the same shall be considered and decided by the respondents in the light of judgment rendered by this court in case of Jugal Kishore (supra) within a period of six weeks from the date of receipt of certified copy of this order.

5. The present order has been passed on the submission made by the counsel for the petitioners that the case of the petitioners is similar to the case of Jugal Kishore, therefore, if the facts of the present case are not similar to the case of Jugal Kishore, the respondents would be free to examine the veracity of the submissions made in the petition and only in case, the averments made therein are found to be correct, the petitioners would be entitled to the relief.

6. Stay application also stands disposed of, accordingly.

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