Dismissed

Abdul Rajjak v. Mohan Lal Sukhadia University, Udaipur

Rajasthan HC5 Mar 2014CW/11218/2011

Case brief

AI extract

What is this about?

The High Court of Rajasthan held that the petitioners' writ petitions regarding selection grade for drivers were infructuous as the University's decision on promotions was not challenged in the existing petitions. The Court dismissed the petitions but granted liberty to file fresh petitions against the University's order.

What did the court decide?

No order as to costs. Petitioners permitted to file fresh writ petition challenging the University's order dated 3.6.2011.

Abdul Rajjak Vs Mohan Lal Sukhadia University… — Service and Employment | Rajasthan HC (2014)

¶1

S.B. Civil Writ Petition No.11224/2011 Purna Shankar Paliwal V/s MLSU and two writ petitions.

¶2

Order dt: 5/3/2014

¶3

1/3

¶4

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

¶5

AT JODHPUR

¶6

ORDER

¶7

1. S.B. Civil Writ Petition No.11224/2011 Purna Shankar Paliwal v/s Mohan Lal Sukhadiya University 2. S.B. Civil Writ Petition No.11223/2011 Hamer Singh v/s Mohan Lal Sukhadiya University 3. S.B. Civil Writ Petition No.11218/2011 Abdul Rajjaj v/s Mohan Lal Sukhadiya University

¶8

Date of Order

¶9

:::

¶10

5^th March , 2014

¶11

P R E S E N T

¶12

HON'BLE Dr. JUSTICE VINEET KOTHARI

¶13

Mr.Mukesh Vyas, for the petitioner. Mr.G.R. Punia, Sr. Advocate assisted by Mr.Rajesh Punia, for the respondents.

¶14

BY THE COURT :

¶15

The petitioners have filed the present writ petition seeking grant of selection grade.

¶16

The issue relating to grant of selection grade to the petitioners, who were working as Driver in the respondent – Mohan Lal Sukhadia University, Udaipur stands decided by the said University vide Annex.R/1/3 office note dtd.3.6.2011. Following conclusions and recommendations were made by the said University in regard to grant of selection grade payable and same purports to be in terms of Clause (5) of the Notification dtd.25.1.1992:

¶17

S.B. Civil Writ Petition No.11224/2011 Purna Shankar Paliwal V/s MLSU and two writ petitions.

¶18

Order dt: 5/3/2014

¶19

2/3

¶20

“ CONCLUSION/RECOMMENDATION (PROPOSED)

¶21

9. On the basis of the above mentioned facts and order of the Hon'ble Court, the following can be proposed/recommended:

¶22

1. In MPUAT Udaipur and RAU Bikaner, promotional avenues are available for Drivers but in the Mohanlal Sukhadia University, Udaipur the same are not available after 1987 as there is no post except one Junior Mechanic. The Drivers can be given first promotional pay scale on completion of 9 years of satisfactory service as first promotional post is available.

¶23

2. As regards the benefit on completion of 18 years and 27 years of service, drivers may either be given the benefit as per the above order of the Hon'ble Court or they may be given the benefit as isolated post because Sr. Mechanic and Foreman posts are not available. This is a policy matter and decision can be taken at the highest level of the University. ”

¶24

The said order of the respondent – University deciding the representation of the present petitioners or any subsequent decision at the highest level of the University as aforesaid is not under challenge by way of filing application for amendment of the writ petition or by way of filing fresh writ petitions and therefore, the writ petitions as framed as of now are infructuous without laying proper

¶25

S.B. Civil Writ Petition No.11224/2011 Purna Shankar Paliwal V/s MLSU and two writ petitions.

¶26

Order dt: 5/3/2014

¶27

3/3

¶28

challenge to the aforesaid order of the respondent – University.

¶29

The petitioners are, therefore, permitted to file afresh writ petition laying proper challenge to the said order dtd.3.6.2011 or subsequent order of the University, if any.

¶30

With the aforesaid liberty to the petitioners, the present writ petitions are dismissed. No order as to costs. A copy of this order be sent to the parties concerned forthwith.

¶31

(Dr. VINEET KOTHARI), J.

¶32

ss/14

Abdul Rajjak v. Mohan Lal Sukhadia University, Udaipur

Case brief

What is this about?

What did the court decide?

Abdul Rajjak v. Mohan Lal Sukhadia University, Udaipur

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Niranjan Kumar Bohra and Ors. Vs State and Ors.

Bhola Ram Vs Rsrtc and Ors.

State of Raj. Vs Manak Chand and Anr.

State of Raj. and Ors. Vs Ashok Kumar Samdani and Anr.

Ram Singh Rathore Vs Raj. State Road Tran. Corpn. and Ors.

Somshekhar Vyas Vs Vice. Chan. M P Agri.andTEC UNIVERSITandORS