Allowed

Radhey Shyam Meena v. State of Raj and Ors.

Rajasthan HC12 Mar 2012CW/1879/2011

Case brief

AI extract

What is this about?

Petitioner sought study leaves benefit and pay revision. Court rejected stale leave claim due to delay but directed regularization as leave without pay, inclusion in revised pay scales, and payment of arrears with 6% interest, treating period as non-breaking service.

What did the court decide?

Direct respondent to regularize leave 08.12.1993 to 08.05.1994 as leave without pay, treat as non-breaking service, fix in revised pay scales, and pay arrears with 6% interest within three months.

Radhey Shyam Meena Vs State of Raj and Ors. — Pension and Retirement Benefits | Rajasthan HC (2012)

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CW1879/2011

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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ORDER IN S.B. Civil Writ Petition No.1879/2011 With Civil Misc. Stay Appl. No.1729/2011

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Radhey Shyam Meena Vs. State of Rajasthan and Others

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Date of Order ::: 12.03.2012

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Present Hon'ble Mr. Justice Mohammad Rafiq

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Shri D.S. Bagaria, counsel for petitioner Shri Ganesh Meena, Government Counsel for respondents ####

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By the Court :-

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Short controversy raised in this writ petition is that the petitioner should be granted benefit of study leaves for the period from 08.12.1993 to 08.05.1994.

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Shri Ganesh Meena, learned Government Counsel, appearing on behalf of the respondents, opposed the prayer on the ground of delay and laches and also on the ground that the petitioner remained on leave without there being any sanction order, immediately after joining the services on 21.07.1993.

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Shri D.S. Bagaria, learned counsel for the petitioner, rejoined and submitted that till date the petitioner's pay has not been revised and he is being paid in the same pay scale at the basic pay of Rs.3,900/- in which he joined the service.

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The fact is that the petitioner was duly selected on the recommendation of the Departmental Promotion Committee and, as such, was appointed by way of promotion on the post of Teacher Gr II (Mathematics)

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CW1879/2011

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in Government School on 21.07.1993 and thereafter was promoted on the post of Lecturer (Hindi) vide order dated 27.07.2004. There is no reason why the petitioner should be paid the salary in the pay scale at basic pay of Rs.3900/- whereas pay scale of Lecturer is Rs.650010500.

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While it is true that the claim of the petitioner for sanction of study leaves from 08.12.1993 to 08.05.1994, is still stale and cannot be granted but at the same time, the action of the respondents in not granting him the benefit of revision of pay scales from time to time and one after his promotion, cannot be appreciated.

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The writ petition and stay application, filed therewith, stand disposed of with a direction to the respondents to regularize the leave period of the petitioner from 08.12.1993 to 08.05.1994 as leaves without pay, but, at the same time, this period will not be treated as break in the service. Petitioner shall be fixed in the revised pay scales from time to time and benefits of increments from stage to stage and he shall be paid all arrears with interest thereon at the rate of 6% per annum. Compliance of the judgment be made within a period of three months.

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(Mohammad Rafiq) J.

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//Jaiman//184

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All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.

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Giriraj Prasad Jaiman PS-cum-JW

Radhey Shyam Meena v. State of Raj and Ors.

Case brief

What is this about?

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Radhey Shyam Meena v. State of Raj and Ors.

Case brief

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