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High CourtsSingle Bench(2012) 01 RAJ CK 0064

Shanker Lal Godara vs State of Rajasthan and Others

Rajasthan High Court · Decided on 6 January 2012

HON’BLE JUDGES
Vineet Kothari, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 2431 of 2009

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Judgment

14 paragraphs · 369 words

Hon''ble Dr. Justice Vineet Kothari

1.

Both the learned counsels submitted that the controversy involved in the present case is squarely covered by the decision of this Court in Single Bench as well as Division Bench in the case of Ramkaran Chaudhary V/s State - SBCWP No. 1547/2009 decided on 16.12.2010 and State of Rajashan and ors. V/s Ramkaran Choudhary -DBSA No. 106/2011 decided on 4.3.2011, in which, this Court has observed as under :

SBCWP No. 1547/2009

Accordingly, this petition for writ stands allowed. The respondents are directed to determine pension and all other post retiral benefits to the petitioner in light of the directions given by this Court in the case of Adhik Lal Chaudhary. Necessary modifications is also required to be made in the Pension Payment Order issued by the respondents. The petitioner is also declared for all arrears accruing as a consequent to revision of his pension in view of the directions above. The execution of the directions above is required to be made within a period of three months from today.

Sd/-

(Govind Mathur) J.

DBSAW No. 106/2011

It is not disputed that the matter is covered by the decision rendered by this Court in Adhik Lal Chaudhary vs. State of Rajasthan (SBCWP No. 3552/2001 decided on July 06, 2004). On the basis of the said judgment, the Single Bench has delivered the judgments in the case of Rajendra Nath Sharma vs. State of Rajasthan (SBCWP No. 1288/2003) and Ram Pratap vs. State of Rajashan (SBCWP No. 1719/2001) in which this Court directed the Govt. of Rajasthan to determine pension and all other pensionary benefits of the employees of the Directorate of Agriculture Marketing from the date of their initial appointment. The said decisions have been affirmed by the Division Bench of this Court, is also not in dispute. Consequently, the benefits which have been extended by the Single Bench to compute the pensionary service with effect from the date of employment i.e. 21.8.1974 cannot be said to be illegal in any manner.

Resultantly, this intra Court appeal, being devoid of merit, stands dismissed.

Sd/-

(Prakash Tatia), J.

sd/-

(Arun Mishra), CJ

Accordingly, the present writ petition is also disposed of in same terms.