JAGDISH PRASAD KUMHAR S/O SHRI KAJOD MAL KUMHAR v. STATE OF RAJASTHAN
CW/12662/2023 · 2025-10-17
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42109 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42109 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:42868] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12662/2023 Jagdish Prasad Kumhar S/o Shri Kajod Mal Kumhar, Aged About 55 Years, R/o Village And Post Kundal, Tehsil Sainthal, District Dausa (Raj.) ----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, Department Of Panchayati Raj, Government Of Rajasthan, Government Secretariat, Jaipur
2. Zila Parishad Dausa, Through Chief Executive Officer
3. Block Development Officer, Panchyat Samiti Bandikui District Dausa ----Respondents For Petitioner(s) : Mr. Vishram Prajapat For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 17/10/2025
1. Instant writ petition is filed by petitioner with following prayer:- (a) By an appropriate writ, order and direction in the nature thereof the respondents may be directed to pay salary to the petitioner from 01.01.1996 equally to the other Hand Pump Mistries appointed on that day; extend benefit of 18 and 27 years selection year and also to pay arrear thereof along with 12% interest from due date to the date of payment.
2.
Learned counsel for petitioner while placing reliance upon
order 26.08.1991 in case of Hand Pump Works Union Vs. State of Rajasthan & Anr. (S.B. Civil Writ Petition No.5221/1990)
[2025:RJ-JP:42868] (2 of 3) [CW-12662/2023] passed by a Coordinate Bench of this Court submits that petitioner is entitled for all services benefits, but same is not granted despite repeated demand by the petitioner.
3. A reply has been filed on behalf of respondents.
4. We have considered the case of present petitioner, wherein petitioner has raised grievances that he is working since 01.01.1996 and he has completed service more than 27 years and entitled for scale after completion of 18 and 27 years.
5.
Learned counsel for petitioner submits that respondents taking advantage of poor condition of present petitioner, have taken a stand that present petitioner is not entitled to claim benefit prior to 10.04.2006. He also submits that a liberty be granted to the petitioner for consideration of his case in accordance with legal position, particularly in light of Dharam Singh & Ors. Vs. State of U.P. & Anr. 2025 INSC 998.
6. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to respondents within a period of four weeks from now raising all grounds. The respondents are directed to decide the representation with a reasoned and speaking order within a period of 4 weeks from date of receipt of representation, in light of legal position as referred hereinabove. After passing the order, the respondents are under an obligation to communicate the order to the petitioner either by way of speed post or through E-mail, if petitioner has provided E- mail in his representation. If the petitioner is still aggrieved, he has right to re-approach the court with fresh petition.
[2025:RJ-JP:42868] (3 of 3) [CW-12662/2023]
7. Accordingly, the writ petition with pending application, if any, stands disposed.
(ASHOK KUMAR JAIN),J GAURAV /153