Dismissed

Bhanwar Lal v. State and Ors.

Rajasthan HC2 May 2011CW/4738/2000

Case brief

AI extract

What is this about?

The petitioner sought fixation in the pay-scale of a Driver post he intermittently discharged after joining as Class-IV. The Court held that intermittent discharge does not confer such rights. Given subsequent regularisation in that post, the petition became infructuous and was dismissed.

What did the court decide?

Petition dismissed. Petitioner left at liberty to claim relief for intervening period via appropriate remedy.

Bhanwar Lal Vs State and Ors. — Pension and Retirement Benefits | Rajasthan HC (2011)

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CWP-4738/2000

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(1)

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In The High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Civil Writ Petition No.4738/2000 Bhanwar Lal Vs. State of Raj. & Ors.

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Date Of Order :: 02^nd May,2011

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Hon'ble Mr. Justice Ajay Rastogi

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Mr. Nitin Jain, for petitioner. Mr. Anand Sharma, for respondent.

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The petitioner initially joined service in the cadre of Class-IV. However, it has been alleged that he was discharging duties of the post of Driver and accordingly it has been prayed in the instant petition that he should be fixed in the pay-scale of the post held by him and may also be paid at least minimum of the pay-scale of the post, duty of which was discharged by him. The petitioner initially joined service in the cadre of Class-IV and it appears that since he discharged duties of the post of Driver as such has now been regularized and granted the pay-scale of the post of Driver, vide order dt.04.02.2009 (Ann.R/3/3).

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Counsel for petitioner submits that the since petitioner discharged duties of the post of Driver prior thereto, he is entitled at least for the pay of the post held by him prior thereto.

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(2)

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CWP-4738/2000

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The petitioner was appointed in the cadre of Class-IV and if he has discharged duties of the post of Driver intermittently will not confer any right to seek pay-scale of the post of driver and once the respondent has taken decision to regularize his services in the cadre of Driver vide order Annx.R/3/3, this Court does not find any substance in the submission made.

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Consequently, on account of change in circumstances which has come on record the instant petition has become infructuous and accordingly stands dismissed. However, the petitioner will be at liberty to raise his objections in regard of claiming relief for the intervening period by availing the remedy available to him under the law if advised and at the same time it is also made clear that the observations made by this Court will not adversely affect the rights of the petitioner.

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(Ajay Rastogi),J.

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VS Shekhawat/-2 4738cw2000May02FnlDsps.doc

Bhanwar Lal v. State and Ors.

Case brief

What is this about?

What did the court decide?

Bhanwar Lal v. State and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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