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2026 Supreme(Online)(Raj) 319

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ANAND SHARMA
MOHAN LAL SAINI – Appellant
Versus
A V V N LTD AJMER – Respondent
CW / 752 / 2007



[2026:RJ-JP:988]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.4529/2014 Gajendra Pratap Singh son of Shri Veer Singh, aged about 58 years, R/o 301, Sukhi Sansar Apartment, Near Ramleela Maidan, Sikar-332001, Rajasthan.

----Petitioner Versus

1. Ajmer Vidyut Vitran Nigam Limited, Hathi Bhata Road, Ajmer through its Managing Director.

2. Superintending Engineer, Ajmer Vidyut Vitran Nigam Limited, Sikar, Rajasthan.

3. Assistant Engineer (Rural), Ajmer Vidyut Vitran Nigam Limited, Sikar, Rajasthan.

----Respondents Connected with S.B. Civil Writ Petition No.752/2007 Mohan Lal Saini S/o Shri Bhura Ram Saini, aged about 54 years, R/o Ward No.28, C/o Dhanna Lal Tea Stall, Opposite to variety store, Station Road, Sikar.

----Petitioner Versus

1. Ajmer Vidhyut Vitaran Nigam Limited through its Chairman & M.D., Ajmer.

2. Superintending Engineer (O & M), Sabalpura Power House, Ajmer Vidhyut Vitaran Nigam Ltd., Sikar.

3. Executive Engineer (O & M) Sabalpura Power House, AJmer Vidhyut Vitaran Nigam Ltd., Sikar.

4. Assistant Engineer (O & M) Piprali, Ajmer Vidhyut Vitaran Nigam Ltd., Sikar.

For Petitioner(s) : Mr. Ajay Gupta Ms. Sampti Sharma Ms. Anushree Agarwal Mr. Yogesh Kumar Sharma For Respondent(s) : Mr. Abhishek Sharma Mr. Ishan Kumawat HON'BLE MR. JUSTICE ANAND SHARMA

Judgment

Date of conclusion of arguments :: 07.01.2026 Date on which judgment was reserved :: 07.01.2026 Whether the full judgment or only the operative part is pronounced :: Full Judgment Date of pronouncement :: 15.01.2026 1. Both the above writ petitions involved almost similar facts, controversy and cause of action, hence, the above writ petitions are being decided by this common judgment.

2. For the purpose of convenience, facts stated in S.B. Civil Writ Petition No.4529/2014 are being taken into consideration.

3. It is stated that petitioner was initially appointed as Bill Distributor under Assistant Engineer (O & M) in erstwhile Rajasthan State Electricity Board, Sanganer. Thereafter, selection process for promotion to the post of L.D.C. took place wherein the petitioner was promoted as L.D.C. against 15% departmental candidate quota. On account of anomaly in the pay scales and grant of benefits, dispute was referred to the arbitration and an arbitral award was passed by the Arbitrator-Sh. Mohan Mukherji and Sh. Gopeshwar, where pay scale of employees belonging to different cadres of the services of Rajasthan State Electricity Board were revised. Accordingly, pay scale of the post of L.D.C. which was earlier Rs.370-570 was revised to Rs.530-740 and accordingly after revision, pay of the petitioner was fixed at Rs.595/- after adding initial basic pay, interim relief and other allowances. However, later on, pay of the petitioner was illegally fixed at the minimum of pay scale i.e. at Rs.530/-, and the benefit of arbitration award dated 20.05.1985 was not granted to the petitioner. Therefore, he along with so many other persons filed as many as 3 writ petitions before this Court. Writ petition filed by the petitioner was registered as S.B. Civil Writ Petition No.5453/1993 and all such writ petitions were decided vide judgment dated 03.06.1994, wherein following directions have been given:

"We are therefore, of the view that for the purpose of pay fixation of promotees to the next promotional cadre of LDCs, 15% of those candidates who have been promoted from departmental candidates shall be entitled to benefit of past service in class IV cadre from which they have been promoted for the purpose of their pay fixation as LDCs, while the remaining 35% who have been appointed directly as LDCs on the basis of competitive examination shall not be entitled to the benefit of past service in other departments since they have already relinquished their right of past service rendered by them, if any, in other departments. Consequently the petitioners in the above writ petitions are entitled to succeed and the petitions are allowed with cost. We direct that t

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