CW4044/2004 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.4044/2004 Prabhu Lal Yadav Vs. State of Rajasthan and Others Date of Order ::: 24.11.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Manoj Pareek, Counsel for petitioner Shri Hari Bareth, Deputy Government Counsel for respondents #### By the Court:- Petitioner has filed this writ petition with prayer that respondents may be directed to give him pension in letter and spirit of judgment dated 10.06.1997 of Rajasthan Civil Services Appellate Tribunal, Jaipur (for short, 'Tribunal') and order of this Court dated 18.04.2002 in Writ Petition No.1904/2002. Learned counsel for petitioner submitted that petitioner was initially appointed as Helper in Public Works Department of State Government on 01.05.1961 on work-charge basis; he was subsequently taken on regular establishment on 01.09.1972. Petitioner was denied benefit of selection scales on completion of 9, 18 and 27 years of service in terms of government circular dated 25.01.1992, with effect from date of his regularization i.e. 01.09.1972. He filed appeal before Tribunal claiming said benefit of selection CW4044/2004 // 2 // scales and benefit of earned leaves encashment. Petitioner stood retired 29.02.2000. Tribunal allowed appeal by its judgment dated 10.06.1997 directing respondents to grant him benefits as prayed for. When compliance of judgment of Tribunal was not made by respondents, petitioner filed contempt petition whereas respondents filed application for clarification thereof. Tribunal, by its order dated 10.05.1999, however, diluted its judgment by changing date from which benefit of selection scales was to be granted to petitioner. Aggrieved thereby, petitioner approached this court by filing writ petition no.1904/2002, which was allowed by order dated 18.04.2002 directing respondents to make compliance of original judgment of Tribunal and grant benefit of selection scales to petitioner by counting his service from date of his regularization on completion of ten years of service i.e. 01.09.1972. Learned counsel for petitioner has submitted that compliance of aforesaid judgment has so far not been made by respondents and that petitioner under threat, that certain amount would be recovered from him, was made to submit an affidavit to respondents that benefit of selection scale for earlier period may be given on notional basis and actual payment may be made from 01.01.1998. Learned counsel submitted that once judgment of this court attained finality, there is no excuse for respondents not to comply with same. CW4044/2004 // 3 // Learned Deputy Government Counsel opposed writ petition and submitted that petitioner submitted an affidavit to respondents in which he submitted that pay fixation has been revised and in pursuant thereto recovery is to be made and therefore while maintaining earlier pay fixation he should be paid regular benefit with effect from 01.01.1998 and in terms thereof selection scale of petitioner has been revised and third selection scale was paid to petitioner with effect from 05.05.2000. There is no illegality in exercise of powers by respondents. Having heard learned counsel for parties and perused material on record, I find that issue as to entitlement of petitioner of benefit of selection scale, had been settled by this court vide judgment dated 1904/2002, and it was directed that period of 9, 18 and 27 years, as the case may be, has to be counted from the date of regularization of petitioner on 01.09.1972. If that judgment is complied with, petitioner would get first selection scale with effect from 01.09.1981, second selection scale with effect from 01.09.1990 and third selection scale with effect from 01.09.1999. There was no question of not granting actual benefit to petitioner counting his service with effect from 01.09.1972 and only paying notional benefits confining actual benefits with effect from 01.01.1998. It is evident from affidavit of petitioner that despite judgment CW4044/2004 // 4 // favourable to him, he was made to execute an affidavit under threatening to him that if he did do so some recovery shall be made from him and therefore he was made to agree for actual benefits to be confined from 01.01.1998. That was contrary to judgment of this court which has attained finality. This has resulted in loss to him in retiral dues on account of extension of date of grant of actual benefits as also pension. In result, this writ petition is allowed. Respondents are directed to implement judgment of this Court dated 18.04.2002 in Writ petition No.1904/2002 in letter and spirit. They are restrained from making any recovery from petitioner. Consequential benefits shall be paid to petitioner retiral dues and pension shall also be liable to be revised in accordance with that judgment. Compliance of the judgment be made within a period of three months from date a copy of this order is produced before them. (Mohammad Rafiq) J. //Jaiman//