Vijay Singh Koori vs State Of Rajasthan And Ors

Both the counsels agreed that the facts relating to the service of the petitioner are similar to those of the petitioners in SBCWP No.14473/2013,

Pawan Kumar Trivedi & Others Versus State of Rajasthan & Others decided by this court on 15.11.2019 whereby this court has passed the following

order:-

Learned counsel for the petitioners submits that the petitioners had applied under the advertisement dated 28.07.2003 for the post of PTI Grade-III,

however, after certain appointments were made under the said advertisement, other persons' appointments including that of the petitioners were

delayed. The petitioners were appointed later in point of time and therefore, the respondents have treated them under the new Pension Scheme.

Learned counsel relies on the judgment passed by this Court in the case of Kishore Singh Versus The State of Rajasthan & Ors.:SBCWP

No.17750/2015, decided on 05.09.2018 along with connected cases wherein similarly situated petitioners' writ petition were allowed and it was held as

under:

Once a candidate is selected and given appointment on the basis of his merit, which is also mentioned in the appointment order, the corollary is

that he gets all the notional benefits from the day the person lower in merit has been appointed. Accordingly, the petitioners would be entitled to be

treated notionally to be in merit and entitled for notional benefits from the day the candidates lower in merit were appointed. Admittedly, the

candidates lower in merit have been given benefits of the Rules which were existing in the year 2003-04.

It is also to be noted that the State Government has recognized principally the aforesaid by issuing notification dated 13/02/2007 wherein it has

added note ""(vii)"" to Rule 8 of the Rajasthan Service Rules, 1951 as under:-

Government of Rajasthan Finance Department (Rules Division) Notification No. F.1(2)FD(Rules)/2006 Jaipur, Dated 13 Feb 2007 In exercise of the

powers conferred by proviso to Article 309 of the Constitution of India, the Governor hereby makes the following rules further to amend the Rajasthan

Service Rules, 1951, namely:-

These rules may be called the Rajasthan Service (amendment) Rules, 2007.

They shall come into force w.e.f. 20.1.2006.

In the aforesaid rules- after the existing 'Note

(v)' appearing below Rule 8, a new 'Note (vi)' shall be inserted by the following namely:-

'(vi) Where recruitment process was completed and appointment orders were issued prior to 20.1.2006 except to some of the selectees because of

stay orders of court of any other justified reasons, appointments of such remaining selectees will be governed under the provisions of the various rules

in force prior to 20.1.2006

By order of the Governor, (Subhsash Garg) Finance Secretary-III

In view of above, these three writ petitions are allowed. The respondent-State is directed to grant benefit of pay-scale and allowances as

applicable and applied on the employees who have been appointed under the advertisement of 2003 and the benefits thereto in including seniority. It is

made clear that so far as the actual benefits are concerned, the same shall be made available to the petitioners from the date of their appointment

while earlier benefits shall be notionally alone. The compliance be made within three months henceforth.

It is also contended that the aforesaid judgment has been implemented and similarly situated persons have been granted the said benefit and therefore,

learned counsel for the petitioners prays that the petitioners be also granted the same benefit.

Learned counsel appearing on behalf of the respondents does not deny that the benefit has already been extended to similarly situated persons as the

order has been placing on record by the petitioners along with the application.

Accordingly, this writ petition is allowed in the same terms as noted above and the respondent-State is directed to grant benefit of pay-scale and

allowances as applicable and applied on the employees who have been appointed under the advertisement of 2003 and the benefits thereto in including

seniority. It is made clear that so far as the actual benefits are concerned, the same shall be made available to the petitioners from the date of their

appointment while earlier benefits shall be notionally alone. The compliance be made within three months henceforth No costs.

Learned counsel for the respondents, however, submits that the petitioner was waiting in the stand and did not file the petition in time as he has filed it

later on and there is an inordinate delay of 11 years and therefore, the petitioner should not be given the same benefit.

I have considered the submissions.

This Court has allowed the aforesaid writ petition wherein it is noticed that benefits were already extended to other employees and the petitioners

therein had to approach the Court inspite of such benefits already have been granted by the Court in the case of Kishore Singh Versus State of

Rajasthan & Others: SBCWP No.17750/2015 decided on 05.09.2018 alongwith connected cases.

This Court finds that the case of the petitioner is identical to the aforesaid case and the petitioner would also be entitled to the same benefits and

merely because he has come late before the Court would not make any difference so far as grant of pensionary benefits are concerned.

Accordingly, this writ petition is also allowed with directions to the respondent-State to grant benefit of pay-scale and allowances as applicable and

applied on the employees who have been appointed under the advertisement of 2003 and the benefits thereto including seniority. It is made clear that

so far as the actual benefits are concerned, the same shall be made available to the petitioner from the date of his appointment while earlier benefits

shall be notionally alone. The compliance be made within three months henceforth.

No costs.