S.B. Civil Writ Petition No. 1598/2014. Case: Devi Singh Rajpurohit Vs State of Rajasthan. Rajasthan High Court
| Case Number | S.B. Civil Writ Petition No. 1598/2014 |
| Counsel | For Appellant: Party-in-person |
| Judges | Vineet Kothari, J. |
| Issue | Service Law |
| Judgement Date | August 19, 2014 |
| Court | Rajasthan High Court |
Judgment:
Vineet Kothari, J., (At Jodhpur)
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The lawyers are observing strike which is contrary to various Supreme Court decision.
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Dr. Devi Singh Rajpurohit, petitioner is present-in-person. On behalf of respondents, Dr. Sampat Raj, Officer-in-Charge of the case, is present. The case is listed in today's cause list at Serial No. 84 for final disposal at admission stage category.
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Both the parties are agreed that the controversy involved in the present case is squarely covered by the decision of a coordinate bench of this Court in the case of Dr. P.D. Purohit Vs. State of Rajasthan & Ors. (SBCWP No. 3767/2010, decided on 23.09.2011). The issue raised in the present writ petition is in relation to inclusion of period of service rendered by the incumbent/petitioner in the Government Department (Animal Husbandry Department) prior to his deputation and absorption in the respondent-Dairy.
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The present writ petition has been filed by the petitioner in this Court on 28.02.2014 with the following prayers:-
It is, therefore, humbly prayed that this Hon'ble Court may kindly be pleased to call the record of the case, allow the writ petition and:-
(i) by an appropriate writ, order or direction, the respondents may kindly be directed to compute the services rendered by the petitioner in the Animal Husbandry Department and since the petitioner continued to hold lien on the post of Veterinary Assistant Surgeon till his permanent absorption in the services of the respondent dairy w.e.f. 2.6.1995, petitioner should be treated in continuous service of Animal Husbandry Department from 28.6.1971 till 1.6.1995, with all consequential directions;
(ii) by an appropriate writ, order or directions, the petitioner may be declared entitled to receive all pensionary benefits from the State of Rajasthan by treating his lien on a post under the Government of Rajasthan from 28.6.1971 to 1.6.1995.
(iii) by an appropriate writ, order or direction, the respondents may be directed to grant all service benefits including pensionary benefits by treating the petitioner in the service from 28.6.1971 to 1.6.1995 and accordingly grant him his pension as done in the case of other Government employees along with interest @ 9% per annum in terms of Rule 89 of the Rajasthan Civil Services Pension Rules, 1996 with all consequential directions;
(iv) Any other appropriate order or direction, which this Hon'ble Court considers just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner.
(v) Costs of the writ petition may kindly be awarded to the petitioner.
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The learned Single Judge of this Court in the case of Dr. P.D. Purohit (supra) dealing with similar controversy held as under:-
"...... 9. Therefore, when the employee was not confirmed at the new post in accordance to the rules then his lien with State Government cannot be said to have terminated. It is only when a Government employee is appointed substantively to any post then he acquires a lien on that post and ceases to hold the lien previously acquired on a post. Moreover, a lien of...
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