Partly allowed

Bijendra Kumar Singh v. State of Raj and Ors.

Rajasthan HC8 Apr 2015CW/8671/2005

Case brief

AI extract

What is this about?

Petitioner sought quashing of orders denying promotion quota and pay scale as Lecturer. Court held residence on post terminated and learned subsequent appointment. Only claim for Lecturer pay scale allowed from posting date until relief date; other claims dismissed as infructuous.

What did the court decide?

Petitioner entitled for pay scale of post of Lecturer from date of posting (15.10.2002) until date of relief (29.04.2006).

Bijendra Kumar Singh Vs State of Raj and… — Pension and Retirement Benefits | Rajasthan HC (2015)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR

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O R D E R

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S.B. Civil Writ Petition No.8671/2005 Bijendra Kumar Singh Vs. The State of Raj. & Ors.

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Date of Order: 08.04.2015

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HON'BLE MR.JUSTICE VEERENDR SINGH SIRADHANA

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Mr. Tanveer Ahmed, for the petitioner. Mr. B. K. Sharma, Addl. G.C., for the State-respondents.

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The petitioner, in the instant writ application, prayed for the following relief(s):-

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i) the impugned orders No.42195-98 dated 24.9.2005 and No.42199-42212 dated 24.9.2005 may kindly be declared illegal and invalid and therefore, the same may kindly quashed and set aside by issuing writ of certiorari.

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ii) the action of respondents in not filing the 50% promotion quota posts (5 posts) of the post of Lecturer (English College) while filling direct recruitment quota posts may also kindly be declared illegal and therefore the same may kindly be quashed and set aside by issuing writ of certiorari, with all consequential benefits.

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Iii) the action of respondents in replacing the petitioner being promotee till availability of selected candidate by DPC by direct recruitee may also kindly be quashed and set aside by issuing writ or certiorari, with all consequential benefits.

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iv) that the action of respondents in not making the payment of salary of the post of Lecturer (English College) 8000-13500 w.e.f. 15.10.2002 or at the most w.e.f. 25.10.2002 (date of joining) may also kindly be declared illegal and invalid and the same may kindly be quashed and set aside, with all consequential benefits and the respondents be directed to pay the salary of the post of lecturer (English) 8000-13500 w.e.f. the aforesaid date, with all consequential benefits by issuing appropriate order or directions.

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v) the relevant record may also kindly be summoned from the respondents. vi) any other relief which this Hon'ble Court deem fit and proper in the facts and circumstances of this case may also be passed in favour of the petitioner.”

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During the pendency of the writ petition, the petitioner has been selected by the Rajasthan Public Service Commission, Ajmer (for short, RPSC), in the Rajasthan Accounts Services vide order dated 22^nd April, 2006; and was relieved vide order dated 25^th April, 2006. His lien on the earlier post was also terminated. In view of the subsequent developments, the only claim that survives is, for payment of the scale of pay for post of Teacher Grade-I; as agreed upon by the learned counsel for the parties.

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Learned counsel for the petitioner referring to the order of a Coordinate Bench of this Court, at Principle Seat, Jodhpur, in the case of Vijay Kumar Damor & Ors. Vs. State of Rajasthan & Ors. (SBCWP No.6547/2011) , decided on 19^th September, 2012; asserted that denial of payscale applicable to the post of Lecturer, to the petitioners, despite utilizing his services on that post, is not permissible in law in the back drop of the doctrine of “equal pay for equal work”, as contemplated under Article 39(d) read with Article 14 of the Constitution of India.

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Further, the view of the learned Single Judge in the case of Vijay Kumar Damor (supra), was subjected to intra-court appeal (writ) No.314/2013, and the connected matter, which have been dismissed by the Division Bench vide order dated

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18^th November, 2013.

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Thus, the controversy with regard to claim for the post of Lecturer is no more res-integra in view of the opinion of the Coordinate Bench of this Court in the case of Vijay Kumar Damor (supra), which has been confirmed by the Division Bench.

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In view of the above, the writ petition is partly allowed.

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The petitioner would be entitled for pay scale of the post of Lecturer from the date he was posted in the post under order Annexure-2 dated 15.10.2002, until he was relieved i.e. 29^th April, 2006.

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Rest of the claims have become infructuous.

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In view of the final adjudication on the writ petition, the stay application stands closed.

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No costs.

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(VEERENDR SINGH SIRADHANA),J.

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Pcg

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All corrections made in judgment/order have been incorporated in the judgment/order being emailed. P.C.Gupta, Sr.P.A.

Bijendra Kumar Singh v. State of Raj and Ors.

Case brief

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Bijendra Kumar Singh v. State of Raj and Ors.

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