[2025:RJ-JP:29788-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 569/2021 In S.B. Civil Writ Petition No.10743/2020 District Education Officer, Elementary Road No. 2, Alwar. ----Appellant Versus Kallu Khan S/o Chhotelal Mev, Aged About 48 Years, Resident Of Village Kesarpur, Post Burja, Tehsil And Distt. Alwar (Raj.) ----Respondent For Appellant(s) : Mr. B.S. Chhaba, AAG with Mr. Shubhendu Pilania, Adv. Mr. Rahul Gupta, Adv. For Respondent(s) : Mr. Mahendra Shah, Sr. counsel assisted by Mr. Pragya Seth, Adv. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 04/08/2025 Counsel for the appellant submits that the learned Single Judge has committed serious illegality in partly allowing the writ petition filed on behalf of the appellant. Counsel further submits that the workman has not regularly worked with the department and he has only worked for one year from 1990 to 1991 and thereafter, for two and half years in compliance of the order passed by the Civil Court. Counsel further submits that the Hon’ble Supreme Court as well as this Court has held that in every case, the reinstatement cannot be ordered and some reasonable compensation may be allowed in lieu of reinstatement. Learned Sr. counsel appearing on behalf of the workman opposed the submissions made by counsel for the appellant and prayed for dismissal of the appeal. Heard counsel for the parties and perused the record. [2025:RJ-JP:29788-DB] (2 of 3) [SAW-569/2021] The Hon’ble Supreme Court in the matter of Amit Kumar Dubey Vs. M.P.P.K.V.V. Co. Ltd. & Anr., civil Appeal arising from SLP (Civil) No(s).20902/2024 decided on 29.01.2025 wherein Para No.9 it has been held as under:- “9. Therefore, in the facts and circumstances of the matters, we deem it fit to enhance the compensation granted to the appellants by the High Court. We hold that the appellants would be entitled to enhanced compensation at the rate of Rs. 1.5 lakhs per year for the period they have worked and in case, they have worked for a part of the year, then the amount of compensation is to be calculated at the same rate to be applied on a pro-rata basis. The following table represents the period of service rendered by each of the appellant and accordingly, the amount of compensation each of them shall be entitled to in terms of the above directions: Diary No. Appellant’s Name Month of joining Month of commence ment of regular service Month of termination Period of service Amount of compensation 34425/24 Amit Kumar Dubey May,2008 August,2008 June,2011 3Years2 Months Rs. 4,75,000 34400/24 Anil kumar choudhary June ,2009 November, 2009 March,2011 1 year 10 months Rs.2,75,000 34401/24 Prakash premi December, 2006 March, 2007 June, 2011 4 years 7 months Rs. 6,87,500 34420/24 Balram ahirwar July,2008 October,2008 June, 2011 3 years Rs. 4,50,000 34720/24 Amar singh thakur July, 2008 October, 2008 June, 2011 3 years Rs. 4,50,000 24986/2024 Devendra kumar shukla January,2004 April,2004 July ,2011 7 years 7 months Rs. 11,37,500 34404/2024 Abhishek chouksey April, 2008 July, 2008 June, 2011 3 years, 3 months Rs. 4,87,500 34419/2024 Sunil kumar mishra March,2008 May, 2008 June, 2011 3 years 4 months Rs. 5,00,000 34412/2024 Deepchandra rohit April, 2008 May,2008 June, 2011 3 years 3 months Rs. 4,87,500 34721/2024 Nilesh kumar pandey February, 2008 April,2008 June, 2011 3 years, 5 months Rs. 5,12,500 [2025:RJ-JP:29788-DB] (3 of 3) [SAW-569/2021] Considering the judgment passed by the Hon’ble Supreme Court in the matter of Amit Kumar (supra) and considering the fact that the workman has worked for three years and seven months as daily wager worker, We deem it just and proper to partly allow the appeal and modify the judgment passed by the learned Single Judge. We direct the appellant to pay Rs.5 lacs as full and final settlement of the award to the respondent-workman in view of the judgment passed by the Hon’ble Supreme Court in the matter of Amit Kumar (supra). Accordingly, the appeal stands disposed of. The order passed by the learned Labour Court as well as by the learned Single Judge stands modified accordingly. The amount as ordered by us shall be paid to the workman within a period of two months from today. The earlier demand draft of Rs.1,50,000/- deposited by the appellant before this Court shall be handed over to the counsel for the appellant so that fresh payment as ordered by this Court can be made to the respondent-workman. (BHUWAN GOYAL),J (INDERJEET SINGH),J JYOTI /74