Allowed

Shambhulal Goswami and Ors. v. State of Raj. and Anr.

Rajasthan HC10 Apr 2015CW/3532/2015

Case brief

AI extract

What is this about?

Allowed a writ petition for grant of selection grades to petitioners upon completion of 9, 18, and 27 years of service. Bench directed authorities to consider the petitions in light of the Jagdish Bhanoda judgment within two months.

What did the court decide?

Liberty to file representation within two weeks for authorities to decide under Jagdish Bhanoda ratio within two months. Immediate release of relief if entitled. Liberty to challenge afresh.

Shambhulal Goswami and Ors. Vs State of… — Pension and Retirement Benefits | Rajasthan HC (2015)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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ORDER

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S.B. CIVIL WRIT PETITION NO. 3532/2015

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Shambhulal Goswami & Ors.

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Vs.

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State of Rajasthan & ors.

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Date of Order : : 10.04.2015

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HON’BLE MS. JUSTICE NIRMALJIT KAUR

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Mr. Mukesh Vyas, counsel for the petitioners.

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NIRMALJIT KAUR, J. (ORAL) :-

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The prayer in the present petition is for grant of selection grades to the petitioners after completion of 9, 18 & 27 years of continuous service in the pay scale of Rs.5000-8000, 5500-9000 and 6500-10500, with all consequential benefits.

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It is contended that the case of the petitioners is squarely covered by the ratio of the judgment rendered in the case of Jagdish Bhanoda Vs. State of Rajasthan & ors. (S.B. Civil Writ Petition No. 773/2009) decided on 29.07.2009 . While allowing the writ petition, it was held that the petitioners in the said petition were entitled to benefit of selection grade in the pay scale of Rs.5000-150-8000 on completion of 9 years of service from the date of their regular appointment or confirmation. The appeal against the said order was dismissed vide judgment dated 01.02.2010 passed in State of Rajasthan & ors. vs. Jagdish Bhanoda (D.B. Civil Special Appeal No.7859/2009) and various

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Jagdish Bhanoda Vs. State of Rajasthan & ors. (S.B. Civil Writ

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other connected appeals. The Special Leave to Appeal (Civil) No. 20308/2010 against the said judgment of the Division Bench had been dismissed on 12.11.2013.

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In view of the above, the present petition is also disposed of with liberty to the petitioners to file an appropriate representation before the concerned authority within two weeks from today. In case, such a representation is filed, the respondents shall consider and decide the same in the light of the judgment rendered in the case of Jagdish Bhanoda (supra) within two months from the receipt of the same. In case, the petitioners are found entitled for any relief, the same shall be released immediately. In case, the petitioners are still aggrieved, they are at liberty to challenge the same afresh.

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(NIRMALJIT KAUR), J.

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Shambhulal Goswami and Ors. v. State of Raj. and Anr.

Case brief

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Shambhulal Goswami and Ors. v. State of Raj. and Anr.

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