Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 30720 (RAJ)

JAIPUR VIDYUT VITRAN NIGAM LIMITED v. PURUSHOTTAM ATRI S/O SHRI BABU LAL

WRW/164/2025 · 2025-09-23

Anand Sharma

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:39022] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Review Petition (Writ) No. 164/2025 1. Jaipur Vidyut Vitran Nigam Limited, Through Chairman Cum Managing Director, Jaipur Vidyut Vitran Nigam Limited, Jaipur. 2. Chief Personnel Officer, Jaipur Vidyut Vitran Nigam Limited, Jaipur. 3. Assistant Engineer, Jaipur Vidyut Vitran Nigam Limited, Virat Nagar, (Jaipur). ----Petitioners Versus 1. Purushottam Atri S/o Shri Babu Lal, Aged About 59 Years, R/o Kunj Bhawan, Near Krishna Cinema, Mohalla Bachari, Kotputli, District Jaipur And Present Working As L.d.c. In The Office Of Assistant Engineer, Jaipur Vidyut Vitran Nigam, Virat Nagar, Jaipur, Deseased Through Legal Heirs: 1/1. Smt. Sneh Sharma W/o Late Shri Purushottam Atri, Aged About 74 Years, R/o F-81, Major Shaitan Singh Colony, Shastri Nagar, Jaipur-302016 (Rajasthan). 1/2. 1/3. Rahul Atri S/o Late Shri Purushottam Atri, Aged About 45 Years, R/o F-81, Major Shaitan Singh Colony, Shastri Nagar, Jaipur-302016 (Rajasthan). Rohit Atri S/o Lateshri Purushottam Atri, Aged About 38 Years, R/o F-81, Major Shaitan Singh Colony, Shastri Nagar, Jaipur-302016 (Rajasthan). (Original Respondent No.4 in Writ Petition) 2. State Of Rajasthan, Through Secretary, Energy And Power Department, Government Of Rajasthan, Secretariat, Government, Jaipur. [2025:RJ-JP:39022] (2 of 3) [WRW-164/2025] ----Respondents For Petitioner(s) : Mr. Ghan Shyam Singh Rathore For Respondent(s) : HON'BLE MR. JUSTICE ANAND SHARMA Order 23/09/2025 1. This review petition has been filed by the review petitioner seeking recall and review of order dated 18.08.2025 passed by this Court in S.B. Civil Writ Petition No. 1003/2009. It has been submitted by learned counsel for the review petitioner that although, while passing the judgment/order dated 18.08.2025, this Court has relied upon the earlier judgment of Co- ordinate Bench in the case of Durga Sharma & Ors. Vs. Sate of Rajasthan & Ors. (S.B. Civil Writ Petition No. 14823/2013) however, at the time of granting benefits to the writ petitioner, directions have also been given to grant all service benefits including selection scale, pension and other retiral benefits by counting services rendered by the writ petitioner with erstwhile KRECS. 2. Learned counsel for the review petitioners submits that such directions are beyond the directions earlier given by the Co- ordinate Bench in Durga Sharma (supra). Hence, error apparent is crept in the judgment dated 18.08.2025, which is liable to be rectified by reviewing the order dated 18.08.2025. 3. Heard learned counsel for the review petitioners and perused order dated 18.08.2025 passed in the writ petition. [2025:RJ-JP:39022] (3 of 3) [WRW-164/2025] 4. In the aforesaid order dated 18.08.2025, this Court has quoted the relevant para of the judgment of Durga Sharma (supra), part of which is again reproduced hereunder:- “This Court is thus satisfied with the stand taken by the respondents and the present writ petition is disposed of while directing the respondents to continue to give all the pay and emoluments to the petitioners as per pay scale in which their pay was fixed at the time of absorption in RSEB in 1992 and all consequential benefits shall accordingly be paid. Any selection grade or pay scale due to the petitioners as admissible in 1992 on the date of absorption shall be paid to the petitioners within a period of three months from today.“ 5. Thus, it is clear by the above portion of the judgment of Durga Sharma (supra) that even, the Co-ordinate Bench since granted benefit of selection grade or pay scale due to the petitioners in the case of Durga Sharma admissible in the year 1992 and the selection grade cannot be granted to any employee without acknowledging and counting the past services therefore, in my considered view, no error whatsoever has crept in the order dated 18.08.2025. 6. Hence, the review petition filed by the petitioner is hereby dismissed. (ANAND SHARMA),J NEERU/1