High Court allowed writ petition, holding petitioner entitled to selection grade and arrears from date of initial appointment, following precedent. Respondents directed to comply within three months.
Petitioner granted selection grade from initial appointment date with backlog arrears; respondents to comply within three months.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ No. 10994/2018
Devendra Kumar Aganihotri S/o Shri R.a. Aganihotri, Aged About 53 Years, R/o C-55, Talwandi, Kota, Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Kuldeep Mathur
JUSTICE DINESH MEHTA
Order
01/11/2018
This writ petition has been filed by the petitioner seeking a direction to the respondents to grant selection grade from the date of their initial appointment with all consequential benefits.
It is submitted by learned counsel for the petitioner that the issue raised in the present writ petition is squarely covered by the judgment in Bhiya Ram Vishnoi v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No. 14215/2013 , decided on 14.02.2017, wherein, a co-ordinate Bench of this Court has directed as under:-
“7. Accordingly, this writ petition is allowed. The petitioner is declared to be entitled to count his entire period of service for the purpose of grant of
(2 of 2)
[CW-10994/2018]
selection scale in terms of circular dated 25.1.1992, 20.1.1993, 17.2.1998 and 16.7.2000. the department is now directed to release the selections scale of the petitioner on completion of 9, 18 years of service and the same be paid to the petitioner along with arrears within the period of three months from date of passing of this order.”
The appeal filed by the State has been rejected by the Division Bench in The State of Rajasthan & Ors. v. Bhiya Ram Vishnoi : D.B. Special Appeal Writ No. 983/2017 , decided on 04.07.2018 and, therefore, the petitioner is also entitled to the same relief.
Learned counsel for the respondents is not in a position to dispute that the facts fo the present case are similar to the case of Bhiya Ram Vishnoi (supra).
In view of the above fact situation, wherein, the petitioner stand on similar footing with that of Bhiya Ram Vishnoi (supra), the writ petition filed by the petitioner is allowed with similar relief as granted in the case of Bhiya Ram Vishnoi (quoted supra).
Needful may be done by the respondents within a period of three months.
Anurag/78
1 issue framed by the court
Whether the petitioner is entitled to selection grade from the date of initial appointment with consequential benefits?
Colour shows how this judgement treated each authority
Bhiya Ram Vishnoi v. State of Rajasthan & Ors.Followed¶15
_Bhiya Ram Vishnoi v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No. 14215/2013_
The State of Rajasthan & Ors. v. Bhiya Ram VishnoiFollowed¶20
_The State of Rajasthan & Ors. v. Bhiya Ram Vishnoi : D.B. Special Appeal Writ No. 983/2017_
Devendra Kumar Aganihotri
State of Rajasthan
Dinesh Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
