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2026 DAILYLAW 3424 (RAJ)

HIMMAT SINGH SON OF LATE SHRI RAM SWAROOP v. STATE OF RAJASTHAN

CW/12400/2022 · 2026-02-23

Ashok Kumar Jain

Transfer Petitionbody2026

Judgment text

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[2026:RJ-JP:8246] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 27951/2018 Hanumaan Pal S/o Shri Dhool Pal, R/o Village -Madpura, Post Bookana, Tehsil -Sapotra, District -Karauli. (Since Deceased) Through Lrs 1. Naval Bai W/o Hanumaan Pal, R/o Village- Madpura, Gajja Pura, Post - Bookana, Tehsil- Sapotra, District - Karauli. 2. Seema Kanwar W/o Prashant Singh, R/o 4-H-16, Talwandi District - Kota. 3. Krishan Pal Jadon S/o Hanumaan Pal, R/o Village- Madpura, Post - Bookana, Tehsil- Sapotra, District - Karauli. 4. Usha Kanwar W/o Anand Singh Shekhawat, R/o Post Lalpura, Toda Dhama @ Gopalpura, Lalpura, Dausa, Lalsot Rajasthan. 5. Mithlesh Kanwar W/o Chetnya Singh, R/o Gad Ke Pass Baler Sawai Madhopur Rajasthan. 6. Santosh Kanwar W/o Dharmendra Singh, R/o 20, Friends Colony, Gramin Police Line, Borkheda, Kota District - Kota Rajasthan 7. Manjoo Devi W/o Shayam Singh, R/o Jeerna, Karauli, Nadauti Rajasthan. 8. Shalu Kanwar W/o Kuldeep Singh, R/o Arjun Pura Jageer, Ajmer Rajasthan. 9. Nilesh Kanwar W/o Bhanwar Singh, R/o Jeerna, Karauli, Nadauti Rajasthan. 10. Krishna Kanwar W/o Munim Singh, R/o 85, Shayam Nagar Pipli Ki Dhani, Harmada, Jaipur. ----Petitioners Versus 1. State Of Rajasthan, Through Its Principal Secretary, Rural Development And Panchayati Raj Department, Government Secretariat, Jaipur 2. Commissioner, Rural Development And Panchayati Raj Department, Jaipur 3. Director, Pension Department, Jyoti Nagar, Jaipur [2026:RJ-JP:8246] (2 of 5) [CW-27951/2018] 4. Chief Executive Officer, Zila Parishad, Karauli 5. Block Development Officer, Panchayat Samiti, Sapotara, District Karauli. ----Respondents Connected With S.B. Civil Writ Petition No. 12400/2022 Himmat Singh Son Of Late Shri Ram Swaroop, Aged About 65 Years, Retired Gram Vikas Adhikari, Gram Panchayat Naroli, Panchayat Samiti Bayana, District Bharatpur And Resident Of Post Dhormui, Gram Sahnawali, Tehsil And District Bharatpur. ----Petitioner Versus 1. State Of Rajasthan, Through Its Principal Secretary To The Government, Department Of Rural Development And Panchayatiraj, Secretariat, Jaipur. 2. The Zila Parishad, Krishna Nagar, Bharatpur, Through Its Chief Executive Officer. 3. The Block Development Officer, Panchayat Samiti Bayana, District Bharatpur. 4. The Director, Pension And Pensioners Welfare Department, Directorate- Rajasthan, Jyoti Nagar, Jaipur. 5. The Deputy Director, Pension And Pensioners Welfare Department, Regional Office- Bharatpur. ----Respondents For Petitioner(s) : Ms. Shashi Sharma Mr. Ashish Kishore Saksena For Respondent(s) : Mr. Dheeraj Tripathi, Dy. GC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 23/02/2026 1. S.B. Civil Writ Petition No. 27951/2018 is filed with following prayer:- [2026:RJ-JP:8246] (3 of 5) [CW-27951/2018] It is, therefore, prayed that this writ petition may kindly be accepted and allowed and by an appropriate writ, order or direction, the respondents may kindly be directed to regularize the petitioner's services from the date of his initial appointment and accordingly grant the pay scale of Rs.9300-34800 with grade pay of Rs.3600/- to the petitioner on completion of 9 years service and accordingly revise his pay scale, selection scales as also the pension and the arrears whereof be also paid to him with interest at rate of 12%. 2. S.B. Civil Writ Petition No. 12400/2022 is filed with following prayer:- i) An appropriate writ, order or direction to the respondents for declaring that the petitioner shall be entitled for grant of 3rd Selection Scale w.e.f. 15.07.2009 on completion of 27 years (i.e. counting service prior to the date of absorption i.e. 16.07.2002) in supersession to the earlier order dated 09.05.2014 (Annex-11) whereby petitioner was granted w.e.f. 16.07.2012 with grant of all consequential fixation, revision of Grade Pay w.e.f. 01.07.2013 and fixation under Rules of 2017 until his date of retirement alongwith payment of arrears and interest thereon @9% p.a. ii) An appropriate writ, order or direction to the respondents for grant of interest @9% p.a. w.e.f. 01.01.2018 till the date of actual payment i.e. 21.05.2018 on all belatedly paid retiral benefits as per Rule 89(1) of the Pension Rules, 1996 along with consequential relief. iii) An appropriate writ, order or direction to the respondents for revision of all retiral benefits on the basis of newly arrived LPC after grant of [2026:RJ-JP:8246] (4 of 5) [CW-27951/2018] prayer No.(i) alongwith payment of arrears with interest @9% p.a. iv) An appropriate writ, order or direction to the respondents quashing any adverse order, if passed, during pendency of the writ petition frustrating the case of the writ petition. 3. Learned counsel for petitioners submits that the issue involved herein is no more res integra and stands resolved by a Coordinate Bench of this Court on 12.04.2017 in case of Rajkumar Agarwal Vs. State of Rajasthan and Ors.: S.B. CWP No. 5400/2015 and by a Division Bench of this Court in D.B. Special Appeal Writ No.1232/2019 titled as Girdhar Gopal Jagrawal Vs. State of Rajasthan & Ors. decided on 19.04.2021. She further referred order dated 24.10.2024 in S.B. CWP No. 12238/2018 titled as Sudhindra Kumar Sindhava Vs. State of Rajasthan and Ors. and submits that the issue has already been considered and followed by a Coordinate Bench of this Court. 4. Learned counsel appearing on behalf of respondents admit the fact as mentioned by learned counsel for petitioners. 5. Having considered aforesaid, the writ petitions are disposed of in terms of judgment dated 12.04.2017 in case of Rajkumar Agarwal Vs. State of Rajasthan (supra) and judgment dated 19.04.2021 in case of Girdhar Gopal Jagrawal Vs. State of Rajasthan & Ors. (supra). 6. Necessary compliance be made within a period of 12 weeks from date of communication of this order, failing which, the arrears shall carry interest at the rate of 6% from the date of 20.05.2022. [2026:RJ-JP:8246] (5 of 5) [CW-27951/2018] 7. The writ petitions and misc. application, if any, stands disposed of. (ASHOK KUMAR JAIN),J GAURAV /134-135