SBCWP NO.5674/1994- MOTI LAL MAHENDRA V/S STATE OF RAJASTHAN AND ORS. . : JUDGMENT DATED 3.12.2008
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
S.B. CIVIL WRIT PETITION NO.5674/1994
Motilal Mahendra
versus
The State of Rajasthan and ors.
PRESENT
HON'BLE Dr.JUSTICE VINEET KOTHARI
None present for the petitioner.
Ms.Pratishtha Dave, for the respondents.
DATE OF ORDER : 3rd December, 2008.
ORDER
1. Though this writ petition could have been dismissed for want
of prosecution as no body appeared on behalf of the petitioners,
however, since the reply has been filed to the writ petition recently
on 14.11.2008 in pursuance of the directions of this Court. The
learned Counsel for the respondents present in the Court was heard in
the matter and with the assistance of the learned counsel for the
respondents, the Court has perused the record.
SBCWP NO.5674/1994- MOTI LAL MAHENDRA V/S STATE OF RAJASTHAN AND ORS. . : JUDGMENT DATED 3.12.2008
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2. By this writ petition, the petitioner Motilal Mahendra who
expired during the pendency of this writ petition on 20.6.2005 and his
LRs were taken on record by orders of this Court was appointed as
Sub-Nakedar, has claimed promotion to the post of Nakedar in the
respondent – Municipal Council with effect from 21.7.1988 when the
private respondents who were allegedly junior to him were promoted
to the said post. He was not accorded this promotion at the relevant
time as his services were terminated and thereupon he challenged the
same by filing a writ petition bearing No.111/1976 before this Court
which came to be allowed on 19.1.1984. The Division Bench appeal
filed by the Municipal Council, Sri Ganganagar was also dismissed
vide Annex.2 judgment dtd.27.3.1987. The petitioner was, thus,
directed to be reinstated in service with full back wages. Implication
of these judgments in favour of the petitioner is that the petitioner has
to be treated in service throughout with all consequential benefits
though the back wages were reduced to 50% by the Division Bench
and accordingly, the petitioner was reinstated in service after the said
judgment in his favour.
3. Be that as it may, there is no ground for denying promotion to
the petitioner as Nakedar with effect from the date when his juniors
SBCWP NO.5674/1994- MOTI LAL MAHENDRA V/S STATE OF RAJASTHAN AND ORS. . : JUDGMENT DATED 3.12.2008
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who are private respondents No.4 to 10 in the present writ eptition
were so promoted. The only ground given by the respondents in their
reply that since at the relevant point of time, the petitioner was not in
service, therefore, he was not promoted to the said post is no ground
because once the petitioner was directed to be reinstated with back
wages by this Court, there was no impediment in the way of the
respondents to accord him promotion with effect from the date when
his junior were promoted. In the opinion of this Court the petitioner is
entitled to the relief as prayed for in the present writ petition.
4. Accordingly this writ petition is allowed and the respondent –
Municipal Council, Sri Ganganagar is directed to accord promotion to
the petitioner as Nakedar w.e.f. 21.7.1988, the date when his juniors
were so promoted. The legal representatives of the petitioner shall be
entitled to the consequential benefits which ensue to them in
pursuance of these directions. The arrears of monetary benefits shall
be paid to the LRs of the petitioner within a period of three months
failing which the respondents shall pay interest @12% per annum.
The interest so payable shall be borne by the person who is
responsible for implementation of the said directions and the
SBCWP NO.5674/1994- MOTI LAL MAHENDRA V/S STATE OF RAJASTHAN AND ORS. . : JUDGMENT DATED 3.12.2008
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judgment of this Court , if the arrears are not paid within a period of
three months from today. No order as to costs.
(Dr.VINEET KOTHARI)J.
Item No.2
Ss/-