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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
VINIT KUMAR MATHUR, CHANDRA SHEKHAR SHARMA
State Of Rajasthan, Through The Principal Secretary, Department Of Ayurved – Appellant
Versus
Vijay Kumar Joshi S/o Shri Shiv Narayan Joshi – Respondent
JUDGMENT :
1. The present Special Appeal has been filed by the appellant – State aggrieved against the judgment and order dated 02.09.2024 passed by the learned Single bench in S.B. Civil Writ Petition No.2961/2016 whereby the writ petition filed by the petitioners- respondents has been partly allowed and following order was passed by the learned Single Bench:
“24. Resultantly, the writ petition is allowed in part. The respondents are directed to include the services rendered by the petitioners on the post of Ayurved Chikitsak from the year 2002/2004 (as the case may be) for the purpose of calculating qualifying service for pension. The petitioners shall be entitled for privilege leave for the entire period from the date of joining in the year 2002/2004. The action of the respondents in subjecting the petitioners to probation on fixed remuneration vide appointment order dated 25.08.2015 is declared invalid and consequently, they shall be entitled to full remuneration applicable for post of Rural Ayurved Chikitsak from the date of their joining in pursuance of the order dated 25.08.2015. The respondents shall make necessary fixation of pay of the petitioners and give them arrears of s
Prior contractual service of employees must be counted for pension and leave entitlements, and imposing a new probation period after long service is unjust.
Lengthy service by an employee on ad-hoc basis, when performed against a sanctioned post, must be counted towards seniority and benefits, ensuring equitable treatment in state employment.
Statutory regularisation requires that service benefits, including pension and ACP, must be calculated from the date of initial appointment, reinforcing equality rights and preventing discrimination.
Inaction by the State in not regularizing long-serving employees cannot deprive them of valid pension benefits under existing rules, irrespective of completed qualifying service requirements.
State delays in regularizing services do not justify withholding pension benefits for long-serving employees; equal treatment and fair engagement practices must be upheld.
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