Allowed

Dr. Sonu Shiva v. the State of Raj. and Ors.

Rajasthan HC3 Apr 2015CW/3093/2015

Case brief

AI extract

What is this about?

Writ petitions challenging denial of senior scale/selection grade. Court directed respondents to consider cases in light of Dr. Suresh Chand Agrawal precedent and Career Advancement Scheme, releasing benefits within two months if eligible.

What did the court decide?

Direction to grant senior scale/selection grade from initial appointment date and release benefits including arrears within two months.

Dr. Sonu Shiva Vs the State of Raj. and Ors. — Pension and Retirement Benefits | Rajasthan HC (2015)

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66-69 & 81

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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ORDER

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(1) S.B. CIVIL WRIT PETITION NO. 3093/2015

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Dr. Sonu Shiva

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Vs.

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State of Rajasthan & anr.

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(2) S.B. CIVIL WRIT PETITION NO. 3094/2015

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Dr. Suman Lata Mainrai & anr.

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Vs.

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State of Rajasthan & anr.

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(3) S.B. CIVIL WRIT PETITION NO. 3098/2015

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Arvind Mathur & ors.

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Vs.

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State of Rajasthan & anr.

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(4) S.B. CIVIL WRIT PETITION NO. 3099/2015

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Dr. Rajan Saxena & ors.

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Vs.

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State of Rajasthan & anr.

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(5) S.B. CIVIL WRIT PETITION NO. 593/2014

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Dr. Kamal Kishore Sharma

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Vs.

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State of Rajasthan & ors.

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Date of Order : : 03.04.2015

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HON’BLE MS.JUSTICE NIRMALJIT KAUR

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Mr. Ajay Vyas, counsel for the petitioners Mr. Digvijay Singh, A.G.C., counsel for the respondents <><><><>

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Nirmaljit Kaur, J. (Oral):

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The prayer in the present writ petitions is for a direction to the respondents to grant senior scale/selection grade to the petitioners with effect from the date of their initial appointment.

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It is contended that the petitioners have been granted the selection grade under the Career Advancement Scheme (C.A.S.) from the date, they were regularized. However, their previous services from the date of their initial appointment have not been taken into consideration. It is further stated that the petitioners are squarely covered by the C.A.S. scheme as well as judgment rendered by the Jaipur Bench of this Court in the case of Dr. Suresh Chand Agrawal Vs. State of Rajasthan & anr. (S.B. Civil Writ Petition No. 3540/1992) decided on 14.09.1994, which has been upheld till the Apex Court.

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In view of the above, the present petitions are disposed of with a direction to the respondents to consider the case of the petitioners in the light of the judgment rendered in the case of Dr. Suresh Chand Agrawal (supra) as well as Career Advancement Scheme and the consequential

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benefits including the arrears shall be released to the petitioners within two months only in case, they are found covered with the ratio of judgment rendered in the case of Dr. Suresh Chand Agrawal (supra) as well as C.A.S. Scheme.

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(NIRMALJIT KAUR), J.

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Dr. Sonu Shiva v. the State of Raj. and Ors.

Case brief

What is this about?

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Dr. Sonu Shiva v. the State of Raj. and Ors.

Case brief

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What the court decided

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