Om Prakash Gora And Others vs State Of Rajasthan And Others

Rekha Borana, J

Learned counsel for the petitioners submits that the issue raised in the present matters rests decided by judgment passed in S.B. Civil Writ Petition

No. 3063/2019 ; Dal Chand Jat v. The State of Rajasthan & Ors. by the Jaipur Bench of this Court.

Learned counsel for the respondents also does not refute the same.

Therefore, in view of the judgment as passed in Dal Chand Jat’s case (supra), the present writ petitions are also disposed of with a direction to the

respondents that the petitioners shall be paid the notional benefits, including benefits of seniority and pay fixation from the stage when the appointment

of persons at the same or lesser merit were appointed. However, no monetary benefits would be payable for the period the petitioners had not

discharged actual duties.

It is clarified that the monetary benefits already accorded to the petitioners as arrears in lieu of the period for which they had not worked would be

recoverable by the department, if not recovered yet. It is further clarified that no recovery except the amount paid for the period for which the

petitioners had not worked shall be recoverable. Other than that, all consequential notional benefits as observed above, would be payable to the

petitioners.