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Dr. Nidhi Singhal and Anr. v. State and Anr.

Rajasthan HC17 Apr 2015CW/3972/2015

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of four identical writ petitions seeking senior scale/selection grade. It directed the respondents to consider the petitioners based on the Dr. Suresh Chand Agrawal judgment and the Career Advancement Scheme, releasing consequential benefits including arrears if covered within two months.

What did the court decide?

Direction to respondents to consider petitioners under CAS and Dr. Suresh Chand Agrawal judgment; release arrears within two months if covered.

Dr. Nidhi Singhal and Anr. Vs State and Anr. — 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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(1) S.B. CIVIL WRIT PETITION NO. 3969/2015

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(Vijay Kumar Ary Vs. State & Anr.)

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(2) S.B. CIVIL WRIT PETITION NO. 3970/2015 (Indira Goswami & Anr. Vs. State & Anr.)

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(3) S.B. CIVIL WRIT PETITION NO. 3971/2015

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(Dr.Avinash Jodha Vs. State & Anr.)

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(4) S.B. CIVIL WRIT PETITION NO. 3972/2015 (Dr.Nidhi Singhal & Anr. Vs. State & Anr.)

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Date of Order : : 17.04.2015

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HON’BLE MS.JUSTICE NIRMALJIT KAUR

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Mr. Ajay Vyas, counsel for the petitioners

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Nirmaljit Kaur, J. (Oral):

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All the aforesaid writ petitions shall stand disposed of by this common order as the controversy involved is identical.

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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

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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.

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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 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. Nidhi Singhal and Anr. v. State and Anr.

Case brief

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Dr. Nidhi Singhal and Anr. v. State and Anr.

Case brief

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