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2025 DAILYLAW 8720 (RAJ)

RAMBUX JAT S/O SHRI BALU RAM v. AJMER VIDYUT VITARAN NIGAM LTD.

CW/3647/2001 · 2025-09-17

Anand Sharma

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[2025:RJ-JP:38056] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3647/2001 Ram Bux Jat, R/o Village Dhodsar, Tehsil Chomu, Dist. Jaipur, (Raj.). (Since Deceased) 1/1. Jai Kanwar W/o Late Shri Ram Bux Jat, R/o Village Dhodsar, Tehsil Chomu, Dist. Jaipur, (Raj.). (Wife Of Deceased) 1/2. Rajesh Kumar Ghoshlya S/o Late Shri Ram Bux Jat R/o Village Dhodsar, Tehsil Chomu, Dist. Jaipur (Raj.) (Son of deceased) ----Petitioners Versus 1. 2. Ajmer Vidyut Vitaran Nigam Ltd. through its Chairman Cum Managing Director, Ajmer. The Zonal Chief Engineer (JJN/Z), Ajmer Vidyut Vitaran Nigam Ltd. Jhunjhunu. 3. The Superintending Engineer (BC), Ajmer Vidyut Vitaran Nigam Ltd. Sikar. 4. The Dy. Secretary (Pension), Ajmer Vidyut Vitaran Nigam Ltd. Jaipur. 5. The Assistant Engineer (O&M), Ajmer Vidyut Vitaran Nigam Ltd. Ramgarh Shekhawati, Sikar ----Respondents For Petitioner(s) : Mr. D.N. Sharma For Respondent(s) : None present HON'BLE MR. JUSTICE ANAND SHARMA Order 17/09/2025 1. Petitioner has filed the instant writ petition with following prayers:- i) issue an appropriate writ, order or direction directing the respondents to release the pensionary and other retiral benefits with interest at the rate of 24% per annum. ii) issue an appropriate writ, order or direction directing the respondents to conclude the [2025:RJ-JP:38056] (2 of 4) [CW-3647/2001] disciplinary proceeding against the petitioner from the year 1998 within a period of one month. iii) issue an appropriate writ, order or direction directing the respondents to extend the benefit of annual grade increment to the petitioner w.e.f. 1996, grante pension and pay fixation in accordance with the revised new pay scale rules, 1996 and also grant the benefit of selection grade / scale from the year 1992 with interest at the rate of 24 percent per annum with all consequential benefits. iv) issue an appropriate writ, order or direction directing the respondents to release the subsistence allowance to the petitioner at the rate of 75 percent of his pay with interest at the rate of 24 percent p.a. v) Any other appropriate order or direction which the Hon'ble High Court thinks just and proper in the facts and circumstances of the case even the same has not been specifically prayed for but which is necessary to ensure ends of justice may kindly also be passed in favour of the petitioner." 2. At the outset, learned counsel for the petitioner submits that during the pendency of the writ petition, pension and other retiral benefits have been granted to the petitioner, hence, he is not pressing prayer No.1 & 2. 3. The writ petition filed by the petitioner qua prayer No.1 & 2 is dismissed as having become infructuous. 4. Learned counsel for the petitioner submits that although the pensionary benefits have been granted to the petitioner, yet his grievance is that the benefit of selection grade on completion of services of 9 and 18 years of service as well as pay fixation in Rajasthan Civil Services (Revised Pay Scale) Rules, 1996 has not been made nor has he been granted benefit of annual grade increments since the year 1996. [2025:RJ-JP:38056] (3 of 4) [CW-3647/2001] 5. Learned counsel for the petitioner further submits that the petitioner was initially appointed on 21.11.1976 on the post of LDC in erstwhile RSEB. Thereafter, unbundling of RSEB and incorporation of five different companies took place and his services were taken over by respondent- Ajmer Vidyut Vitaran Nigam Limited. Petitioner has retired voluntarily with effect from 16.08.2000, till his retirement although he completed more than 18 years of service yet, the benefit of selection grade on completion of 9 & 18 years of service as per circular dated 25.01.1992 issued by Finance Department, Government of Rajasthan was not granted to him, nor benefit of revision of pay scale as per the provisions of Rules 1996 was sanctioned to him and he was also deprived of annual grade increments since the year 1996. 6. Learned counsel for the petitioner submits that although one charge-sheet dated 23.03.1998 was issued to the petitioner which ultimately culminated in penalty of withholding two grade increments with cumulative effect vide order dated 15.09.2001, but there was no charge-sheet or any penalty in his service record prior to completion of 18 years of service. It has also been informed that during the pendency of the writ petition, the petitioner has expired and his legal representatives have been taken on record. 7. In the light of above, as the benefit of pension and other retiral benefits has already been granted to the petitioner, this Court deems it just and proper to direct the petitioner to make a representation before the Managing Director of respondent- Ajmer Vidyut Vitaran Nigam Limited with regard to [2025:RJ-JP:38056] (4 of 4) [CW-3647/2001] his grievances in respect of selection grade, fixation of pay in Revised Pay Scale Rules, 1998 as well as for grant of annual grade increments from the year 1996. 8. In case, any representation is made, by the legal representatives of the petitioner, the same shall be decided by the respondents within a period of two months from the date of receipt of representation along with certified copy of this order by passing a speaking and reasoned order. In case, after examining the record of the original petitioner, he is found entitled for the aforesaid benefits, the same shall also be released within the aforesaid period. 9. It is made clear that no view has been expressed by this Court on merits of the case. (ANAND SHARMA),J DIVYA /7