SBCWP NO.1394/1996 – RAMADHAR SINGH V/S UOI AND ORS. - ORDER DTD.15.9.2008 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.2055/1994 Kamal Kishore Mathur versus RSEB and ors. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.M.R.Singhvi, for the petitioner Mr.G.M.Bhandari, for the respondents. DATE OF ORDER : 15th September, 2008. JUDGMENT 1. The leraned counsels at bar submit that this matter is covered by the decision of this Court in the case of LRs. of Jamil Ahmed V/s RSEB and ors – SBCWP No.1336/1994 decided on 1.11.2007. The same impugned order dtd.4.3.1995 (Annex.5) assailed in the present writ petition was under challenge in that writ petition and coordinate Bench of this Court held as under: SBCWP NO.1394/1996 – RAMADHAR SINGH V/S UOI AND ORS. - ORDER DTD.15.9.2008 2/3 “Admittedly, late Jameel Ahmed was appointed in the year 1971 and as per Annexure-2 on the basis of documentary evidence of the office, he was performing the duties of Welder as such under the Award passed by Singh-Sancheti Committee he was to be considered for fixation and regularisation as per performance and working in particular trade. The post of blacksmith and Welder are in the same trade and cadre. Thus, in my opinion, the fixation committee has rightly passed an order dated 23.12.1989 for fixing the pay of the petitioner on the post of blacksmith II and reasons for rescinding the said benefits are totally contrary to the record of the respondent – Department. The reasons which are mentioned in Annexure-R/1 and R/2 are totally baseless and contrary to the certificate issued by the Assistant Engineer. In these circumstances, the order dated 4.3.1994passed by Superintending Engineer, R.S.E.B. deserves to be quashed. The writ petition is allowed and order dated 4.3.1994 is hereby quashed and order dated 23.12.1989 is restored. The respondent Board is directed to make fixation of the pay of late Jameel Ahmed as ordered by fixation committee on 23.12.1989 on the post of Blacksmith-II and pass consequential order. It is further made clear that SBCWP NO.1394/1996 – RAMADHAR SINGH V/S UOI AND ORS. - ORDER DTD.15.9.2008 3/3 during the pendency of this writ petition, the petitioner Jameel Ahmed died, therefore, arrears of fixation may be paid to his legal heirs. Further the Board is directed to release pensionary benefits of late Jameel Ahmed after making fixation as ordered by this Court and arrears of pension and other retiral benefits on the basis of last pay fixed of late Jameel Ahmed may also be paid to legal heirs of late Jameel Ahmed within a period of four months from today. The writ petition is allowed with no order as to costs. Sd/- (GOPAL KRISHAN VYAS), J.” 2. Since facts of this case are similar and there is no opposition to the submission that the controversy involved in the present case is covered by the said judgment, this writ petition is also allowed in same terms. (Dr.VINEET KOTHARI)J. Item No.2 Ss/-