HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ANAND SHARMA
SURESH SINGH S/O SH. BAKHTAWAR SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 17505 / 2025
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[2026:RJ-JP:20688]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 17505/2025
Suresh Singh S/o Sh. Bakhtawar Singh, Aged About 61 Years,
R/o Plot No. 86, Poultry Farm, Jamdoli, Agra Road, Jaipur (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary,
Department Of Animal Husbandry Govt. Secretariat,
Rajasthan, Jaipur.
2. Director, Animal Husbandary, Near Nehru Place, Tonk
Road, Jaipur.
3. Additional Director (Health), Animal Husbandary
Department, Jaipur.
----Respondents
For Petitioner(s) : Mr. Arpit Srivastava
For Respondent(s) : Mr. Arun Kumar, Asstt. G.C. on behalf
of Ms. Minakshi Jain, G.C.
HON'BLE MR. JUSTICE ANAND SHARMA
Order
15/05/2026
1. It is jointly submitted by learned counsels appearing for
both the parties that the controversy involved in this writ petition
is no more res-integra and has already been decided by the Co-
ordinate Bench of this Court in S.B. Civil Writ No.3424/2009
(R.S. Trivedi & Anr. Vs. State of Rajasthan & Ors.) decided
on 11.07.2018 and D.B. Special Appeal Writ No.919/2019
(Principal Secretary & Anr. Vs. R.S. Trivedi & Ors.) filed by
the State Government against the judgment of learned Single
Judge has also been dismissed by the Division Bench vide order
dated 05.10.2023 and further, Special Leave Petition preferred by
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the State before the Hon'ble Supreme Court has also been
dismissed by the Hon'ble Supreme Court vide order dated
01.09.2025 with directions to the State Government to comply
with the order passed by this Court.
2. This Court finds that in the judgment of R.S. Trivedi
(supra) following observations and directions were given by the
Co-ordinate Bench of this Court:
"From the factual matrix and materials available
on record it is not disputed that identically placed
employees of the erstwhile liquidated Rajasthan State
Sheep and Wool Marketing Federation Ltd., were
absorbed under Rules 1969, so also the petitioners,
and pensionary benefits have been accorded to them
(similarly placed employees), reckoning their entire
past service since their initial employment, including
with Rajasthan State Sheep and Wool Marketing
Federation Ltd; while such benefits have been declined
to the petitioners. No reason sustainable in law, has
been advanced so as to accept the stand of the
respondents in declining the claim of the petitioners.
Hence, the action of the State-respondents is not only
discriminatory but is also in violation of the mandate of
the Rules of 1969, for once the petitions were absorbed
under the Rules of 1969; they would be entitled to
benefit of length of entire period of service as
contemplated under Rule of 1969. Further, such a
course has been adopted in the case of identically
placed persons, who were declared surplus alongwith
the petitioners from the erstwhile Rajasthan State
Sheep and Wool Marketing Federation Ltd.
No other point was raised by the counsel for the parties
for consideration of this Court.
For the reasons and discussions aforesaid and in the
singular facts in the case at hand; the writ petition
merits acceptance and is hereby allowed.
In the result, the petitioners are also entitled to same
pensionary benefits as have been allowed to similarly
placed employees who too were declared surplus with
them and were absorbed under the Rules of 1969. The
arrears of pension of the petitioners shall be worked
out and paid to them alongwith interest @ 9% per
annum.
The State-respondents are directed to ensure
compliance of the order as expeditiously as possible;
preferably, within six weeks from the date a certified
copy of this order is presented."
3. In view of the consensus arrived at between the
learned counsels for both the parties, this Court deems it just and
proper to dispose of the present writ petition in the same terms
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