[2025:RJ-JP:32135] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1003/2009 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. 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). 1/3. Rohit Atri S/o Lateshri Purushottam Atri, aged about 38 Years, R/o F-81, Major Shaitan Singh Colony, Shastri Nagar, Jaipur-302016 (Rajasthan). ----Petitioners Versus 1. 2. 3. 4. Jaipur Vidyut Vitran Nigam Limited through Chairman cum Managing Director, Jaipur Vidyut Vitran Nigam Limited, Jaipur. Chief Personnel Officer, Jaipur Vidyut Vitran Nigam Limited, Jaipur. Assistant Engineer, Jaipur Vidyut Vitran Nigam Limited, Virat Nagar, (Jaipur). State of Rajasthan through Secretary, Energy & Power Department, Government of Rajasthan, Secretariat, Government, Jaipur. ----Respondents For Petitioner(s) : Mr. Devanshu Agarwal with Mr. Mukesh Agarwal For Respondent(s) : Mr. Priyam Agarwal with Mr. Deepak Mittal on behalf of Mr. Vigyan Shah, AAG Mr. Santosh Singh Skhekhawat on behalf of Mr. G.S. Rathore [2025:RJ-JP:32135] (2 of 6) [CW-1003/2009] HON'BLE MR. JUSTICE ANAND SHARMA Order 18/08/2025 1. By way of filing the instant writ petition, the petitioner has prayed for counting his past services rendered by him in Kotputli Rural Electric Cooperative Society Limited (for short, 'KRECS') prior to absorption in erstwhile Rajasthan State Electricity Board (for short, 'RSEB') now known as Jaipur Vidyut Vitran Nigam Limited (for short, 'J.V.V.N.L.'), for the purpose of selection scales, pension, provident fund and other retirement benefits and conditions No.7 & 8 of the order dated 18.09.1995 be declared illegal and quashed. The petitioner has further prayed for modifying the benefit of selection grade on completion of 18 & 27 years of service by taking into consideration the earlier services rendered by the petitioner in KRECS. 2. It is stated that earlier the Government of Rajasthan, for better distribution and supply of electricity in rural area, under the guidelines and recommendation of Rural Electrification Corporation Limited, New Delhi formulated one society namely KRECS which started functioning from 15.05.1976. The aforesaid society was having deep and pervasive control of the State Government and was being managed by the Managing Director duly appointed by the State Government. 3. The petitioner was appointed on the post of L.D.C. in the aforesaid society and his services were later on absorbed in the then RSEB in the year 1994 when services of the petitioner were taken over along with the assets and liabilities of KRECS. [2025:RJ-JP:32135] (3 of 6) [CW-1003/2009] 4. Grievance of the petitioner is that although vide letter dated 09.10.1997 (Annexure-8) clarification has been made that the employees/workmen erstwhile KRECS who were appointed by the RSEB, shall be allowed to draw their pay in the same scale in which they were drawing salary prior to the appointment in Board services, yet after unbundling of RSEB and incorporation of respondent-J.V.V.N.L., services of the petitioner rendered by him earlier in KRECS for the purpose of selection scale, pension, provident fund etc., were not counted. 5. Learned counsel for the petitioner submits that the similar controversy has been considered by the Co-ordinate Bench of this Court in the case of Durga Sharma & Ors. Vs. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.14823/2013, wherein the Co-ordinate Bench has observed as under: "After hearing learned counsel for the parties and perusing the record of the case, this court is of the opinion that the respondents are under a legal obligation arising out of the earlier direction given by this court on 13.09.2006 to give all the benefits and make the fixation in accordance with the arrangements reached in 1992 when the petitioners' services were absorbed by the respondents. This court has also observed that in an order passed by the respondents on 08.06.2012, they have reiterated their position with the arrangement that complete status of the emoluments and pay scales of the petitioners shall be maintained as what were being maintained prior to 14.12.1999 and the petitioners shall be allowed to continue to get their emoluments in the pay scale as their pay scale was fixed at the time of absorption in RSEB with all consequential benefits as per applicable Rules and Regulations. 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 [2025:RJ-JP:32135] (4 of 6) [CW-1003/2009] 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." 6. The petitioner is praying for similar relief as granted by this Court in aforesaid order dated 06.08.2019 passed in S.B. Civil Writ Petition No.14823/2013. 7. Per contra, learned counsel appearing on behalf of the respondents opposed the writ petition and stated that the erstwhile KRECS was barely a society and the services rendered by the petitioner in such society cannot be considered for granting the service benefits as claimed by the petitioner. The respondent- Corporation has already given all the benefits to the petitioner for rendering services in the respondent-Corporation. He prayed for dismissing the writ petition. 8. I have considered the submissions made by learned counsels for the parties and perused the record. 9. It has not been disputed by the learned counsel for the respondents that vide letter dated 09.10.1997 issued by the Personnel Officer (O&M), it has been clarified that the employees/workmen of erstwhile KRECS shall be entitled to draw their pay in the same scale which they drew earlier in the KRECS. 10. While examining the similar cases, this Court in the case of Durga Sharma (supra) has taken into consideration one order dated 08.06.2012, which is quoted herein under: "JAIPUR VIDYUT VITRAN NIGAM LIMITED (PERSONNEL WING) [2025:RJ-JP:32135] (5 of 6) [CW-1003/2009] Vidyut Bhawan, 2d Floor, Room No.207, Jyoti Nagar, Jaipur-302005 NO.JPD:CPO:D-II:F:D.1672 June 08, 2012 ORDER Pursuant to order passed by the Hon'ble Raj. High Court, Jaipur in SB Civil Writ Petition No.186/2000 & other similar Writ Petitions on 13.09.06, the order No.RSEB/Karmik/ME/F.29(B)1/D. 4986 dated 14.12.99 & RSEB ZCE/T&C/DDP/F./D. 668 dated 22.12.99 are hereby withdrawn. Consequently position/status of emoluments and pay scale of all the petitioner (Concerned employees of erstwhile Kotputli Rural Electric Co-operative Society Limited, whose services were absorved in erstwhile RSEB vide order No. RSEB/Karmik/F./D. 2311 dated 18.09.95) prior to 14.12.99 will be maintained and allowed to continue to get emoluments in the pay scale in which their pay was fixed at the time of absorption in RSEB with other consequential benefits as per applicable Rules & Regulations and according to the terms & conditions of their appointment order. This is subject to decision of the Hon'ble Raj High Court in DB Civil Appeal No. 374/09 JVVNL V/s Purshottam Atri, & others, 1896/08 JVVNL V/s Kanhiya Lal & others, 1897/08 JVVNL V/s Leeladhar & others, 1894/08 JVVNL V/s Mahendra Kumar & Others, 1893/08 JVVNL V/s Madan Lal & others, 1895/08 JVVNL V/s Panchu Ram Saini & others. All the Head of Offices are directed to ensure compliance of above directions and send a compliance report in respect of petitioners working under their jurisdiction, within a fortnight positively. By order, Sd/- (RK Sharma) Chief Personnel Officer" 11. Bare perusal of the aforesaid order would make it clear that position/status of emoluments of pay scale of the persons/workmen in erstwhile KRECS was directed to be maintained and they were allowed to continue to get emoluments [2025:RJ-JP:32135] (6 of 6) [CW-1003/2009] in the pay scale in which their pay was fixed at the time of absorption in RSEB with all consequential benefits. 12. In the light of above, there is no justification coming forward on behalf of the respondents for denial the benefits of the services rendered by the petitioner in erstwhile KRECS. 13. As stated by the learned counsel for the petitioner, the controversy has already been set at rest in the case of Durga Sharma (supra). 14. Accordingly, the writ petition filed by the petitioner is allowed and the respondents are directed to grant all service benefits including selection scale, pension and other retiral benefits by counting services rendered by the petitioner with erstwhile KRECS. Necessary orders in this regard be passed within a period of three months from the date of receipt of certified copy of this order and in case the petitioner is entitled on the basis of revised order for any monetary benefits, the same be also released. (ANAND SHARMA),J DAKSH/18