Back
2024 Supreme(Online)(RAJ) 28623
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE ARUN MONGA, J
BAGH SINGH PARIHAR – Appellant
Versus
STATE OF RAJ. AND ORS. – Respondent
CW / 12335 / 2012
Mr. Pramendra Bohra, Mr. P.R. Singh, Mr. Himmat Singh
The court ruled that age cannot be a basis for denying contractual benefits under the amendment, ensuring equal treatment for similarly situated employees.
Headnote:(A) Rajasthan Government Amendment dated 28.08.2009 - Monthly payments to contractual employees - Petitioner entitled to increased contractual amount of Rs.6,500 instead of Rs.5,000 - Respondents denied benefit based on age, which is not supported by the amendment. (Paras 1-9)
(B) Discrimination - Petitioner cannot be denied benefits provided to similarly situated employees based on age when no performance issues exist. (Paras 6-8)
Facts of the case:
The petitioner, a retired government official, was hired on a contract basis and was entitled to an increased monthly payment as per the amendment, which was denied due to his age.
Findings of Court:
The court directed the respondents to calculate and disburse the arrears payable to the petitioner as per the amendment.
Issues: The main issue was whether the petitioner was entitled to the increased contractual amount despite being over 62 years of age.
Ratio Decidendi: The court held that the amendment does not exclude employees based on age and that the petitioner should not face discrimination compared to his counterparts.
Result: Petition allowed, directing payment of arrears.
Order
16/01/2024
1. The grievance of the petitioner herein arises from the inaction of the respondents in not according him the benefit of an Amendment dated 28.08.2009 (Annex.5) regarding monthly payments to contractual employees, as issued by the Department of Personnel, Government of Rajasthan, despite his entitlement to the same.
2. It is asserted, inter alia, in the petition that according to the aforementioned Amendment, Government officials retiring in the pay scale of Rs.6,500-10,500 were/are to receive an increased monthly contractual amount of Rs.6,500 instead of Rs.5,000/- per month.
3. For ready reference, the aforesaid amendment dated 28.09.2009 (Annex.5) is reproduced hereinbelow:-
“GOVERNMENT OF RAJASTHAN
DEPARTMENT OF PERSONNEL (A-II)
No. F.17 (10) DOP/A-II/94 Jaipur dated 28.08.2009
AMENDMENT
In supersession of this department amendment even number dated 29.08.2008 Conditions No. (5) shall be substituted by the following:-
(5) The consolidated emoluments for retired contract employments shall be determined in the following manner:
| Sr. No. | Officials retiring in the pay scale | Contractual Amount per month (in rupees) | |
| Pay scale in RCS (RPS) Rules,1998 | Pay band+grade pay in RCS(RP) Rules,2008 | ||
| 1. | 2550-3200 | 4750-7440+GP 1300 | 2700 |
| 2. | 2610-3540 | 4750-7440+GP 1400 | |
| 3. | 2650-4000 | 4750-7440+GP 1650 | |
| 4. | 2750-4400 | 5200-20200+GP 1800 | |
| 5. | 2950-4475 | 5200-20200+GP 1800 | |
| 6. | 3050-4590 | 5200-20200+GP 1900 | 3600 |
| 7. | 3200-4900 | 5200-20200+GP 2000 | |
| 8. | 3400-5200 | 5200-20200+GP 2100 | |
| 9. | 4000-6000 | 5200-20200+GP 2400 | |
| 9A. | 4500-7000 | 5200-20200+GP 2800 | |
| 10. | 5000-8000 | 9300-34800+GP 3200 | 4800 |
| 11. | 5500-9000 | 9300-34800+GP 3600 | |
| 12. | 6500-10500 | 9300-34800+GP 4200 | For other than State Services Rs. 6500/- For State Services Rs. 6750/- |
| 12A. | 7500-12000 | 9300-34800+GP 4800 | 6750 |
| 13. | 8000-13500 | 9300-34800+GP 5400 | 9000 |
| 13New | 8000-13500 | 15600-391000+GP 5400 | 9000 |
| 14. | 9000-14400 | 15600-391000+GP 6000 | 10500 |
| 15. | 10000-15200 | 15600-391000+GP 6600 | 12000 |
| 16. | 10650-15850 | 15600-391000+GP 6800 | 12500 |
| 17. | 11300-16200 | 15600-391000+GP 7200 | 13000 |
| 18. | 12000-16500 | 15600-391000+GP 7600 | 14000 |
| 19. | 13500-17500 | 15600-391000+GP 8200 | 15000 |
| 20. | 14300-18300 | 37400-67000+GP 8700 | 16000 |
| 21. | 16400-20000 | 37400-67000+GP 8900 | 17000 |
| 22. | 18400-22400 | 37400-67000+GP10000 | 18000 |
Note:- Contractual amount of Rs. 6750/- an above shall be admissible only to the officers retiring from State Services.
This issue with concurrence of Finance (Rules) Department vide their ID No. 210900245 dated 04.06.2009.
By Order and in the name of the Governor sd/- .
(B.K. Dosi) .
Deputy Secretary to the Government”
4. In the aforesaid backdrop, the petitioner was hired after his retirement for a period of 3 years from 03.03.2009 to 31.03.2012 on a contract basis to serve as an Accountant by the District Project Coordinator, Sarva Shiksha Abhiyaan, Sirohi. He successfully completed his contractual term, and while he was still rendering his services, an Amendment (as aforesaid) dated 28.08.2009 (Annex.5) was introduced by the Department of Personnel regarding the monthly payments to the contractual employees hired by the various departments.
5. Concededly, the amendment ibid was indeed carried out, the only reason that seems to have weighed with the respondents for not according the benefit of the same to the petitioner is that he was above 62 years of age; therefore, he could not take advantage of the said amendment.
6. I am unable to persuade myself with the insipidity of the aforementioned stand; the amendment nowhere envisages that in case a contractual employee, who is hired consciously by the department knowing fully well that he is above 62 years of age, he is not entitled to be paid as per the pay scale in which he had retired.
7. It is also not disputed that the petitioner retired from the pay scale of Rs. 6,500-10,500, and corres
