MAHAVEER PRASAD SARASWAT Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2019-10-124
HIGH COURT OF RAJASTHAN
Decided on October 01,2019

Mahaveer Prasad Saraswat Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

Pushpendra Singh Bhati, j. - (1.) Counsel for the petitioners submits that this Court has decided the similar controversy in the case of Dr. Deeraghram Ramsnehi Versus State of Rajasthan and Ors.: SBCWP No. 13295/2015, on 16.04.2018. The order reads as follows: "An application has been filed by the petitioner seeking decision of the writ petition in terms of judgment in Rajkumar Joshi v. State of Rajasthan and Ors. : S.B. Civil Writ Petition No. 20232/2017, decided on 10.11.2017 and in Dr. Satya Narain Sankholiya v. State of Rajasthan and Ors. : S.B. Civil Writ Petition No. 21314/2017, decided on 22.11.2017 at Jaipur Bench. It is submitted by learned counsel for the petitioner that in similar nature writ petitions, directions have been issued by this Court at Jaipur Bench in the case of Rajkumar Joshi (supra). It is further submitted that directions given in the case of Rajkumar Joshi (supra) have been implemented by the State by passing order dated 22.3.2018 (Annex.25). It is further submitted that case of the petitioner is similar to the case of Rajkumar Joshi (supra), therefore, directions as given in the case of Rajkumar Joshi (supra), may be passed in the present case also. Learned counsel for the respondent only to the extent that a similar order as passed in the case of Rajkumar Joshi (supra) may be passed in the present case, has no objection. In the case of Rajkumar Joshi (supra), it was observed / directed as under:- "Contention of the learned counsel for the petitioner is that petitioner has retired from the Sanskrit Education Department. It is submitted that the government vide notification dated 23/10/2012, revised the pay scale rules applicable to the teaching staff of the Education Department. These Rules are called as 'Rajasthan Civil Services (Revised Pay for Government Sanskrit College Teachers) Rules, 2012' (for short, the "Rules of 2012"). Under Rule 22 thereof, it is provided that the amount of arrears for the period from 1/1/2006 to 30/6/2012 accruing as a result of promulgation of these rules shall be payable only after the necessary amendments are made in the Rajasthan Sanskrit Education Service Rules, 1977, as per UGC Regulations. It is further contended that the Director, Sanskrit Education Department, on representation of the petitioner sought guidance from the government vide communication dated 27/1/2014 for payment of arrears to the petitioner. So far, no action has been taken by the government on his representation. Learned counsel further urged that several employee, namely, Sitaram Sharma, Moolchand Choudhary, Shyam Sunder Agarwal, Smt.Manorama Sharma, Smt. Veena Srivastava, Shriram Chaturvedi, Jagdish Prasad Sharma, Smt.Lata Tiwadi, Shri Ramchandra, Gajanand Gupta, Mihir Kumar Jha and Badrinarayan Jat, who in the meantime retired from respondentdepartment; have been granted such arrears with due promotion and relaxation has been granted by the government, but in the case of the petitioner, such benefit and relaxation has not been extended to him till date. In view of the above, for the present, the petitioner is required to approach the Principal Secretary, Finance Department, Government of Rajasthan, Jaipur, through a comprehensive representation, for payment of arrears, who upon verification of the aforesaid facts would extend the similar benefit of relaxation and payment of arrears to him at par to aforesaid persons in accordance with Rule 22 of the Rules of 2012 or would decide the representation of the petitioner by a speaking and reasoned order within a period of two months from the date petitioner presented his representation along with a copy of this order. With that directions, as indicated above, the writ petition stands disposed off." In view of the submissions made by learned counsel for the parties, the writ petition filed by the petitioner is disposed of with similar directions as given in the case of Rajkumar Joshi (supra). Needful may be done by the respondents within a period of four weeks from today."
(2.) In view of the above, for the present, the petitioners are required to approach the Principal Secretary, Finance Department, Government of Rajasthan, Jaipur, through a comprehensive representation, for payment of arrears, who upon verification of the aforesaid facts would extend the similar benefit of relaxation and payment of arrears to them at par to aforesaid persons in accordance with Rule 22 of the Rules of 2012 or would decide the representation of the petitioners by a speaking and reasoned order within a period of two months from the date petitioners presented their representation along with a copy of this order.
(3.) With that directions, as indicated above, the writ petition stands disposed off.;


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