Disposed

Shankar Lal Sharma v. State of Rajasthan

Rajasthan HC5 Dec 2018CW/11467/2018

Case brief

AI extract

What is this about?

Petitioner sought first selection scale and consequential benefits after 9 years of service. Court held matter covered by existing precedent, directed petitioner to submit representation for consideration on merits within eight weeks, and reserved liberty for further legal remedy if grievances survive.

What did the court decide?

Direction to appropriate authority to consider petitioner's representation on merits within eight weeks and grant benefits if entitled; liberty to approach court again if grievances survive.

Shankar Lal Sharma Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Writ No. 11467/2018

¶3

Shankar Lal Sharma S/o Late Shri Tulsi Ram Sharma, Aged About 76 Years, Village Post Pulasar, District Churu (Raj.).

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through Secretary, Department Of Panchayati Raj, Govt. Of Rajasthan, Secretariat, Rajasthan, Jaipur.

¶7

The Chief Executive Officer, Zila Parishad, Sriganganagar, District Sriganganagar.

¶8

The Vikas Adhikari Panchayat Samiti, Sadulsahar District Sriganganagar Raj.

¶9

The Joint Director, Directorate Of Pension And Pensioners Welfare, Bikaner.

¶10

----Respondents

¶11

For Petitioner(s) : Mr. J.S. Bhaleria. For Respondent(s) : Mr. K.S. Solanki for Mr. Manish Patel.

¶12

HON'BLE MR. JUSTICE ARUN BHANSALI

¶13

Order

¶14

05/12/2018

¶15

Mr. Manish Patel, learned counsel puts in appearance on behalf of the respondents, service is, therefore, complete.

¶16

Heard.

¶17

Learned counsel for the petitioner states that the controversy involved in the instant writ petition is squarely covered by the order dated 3.4.2015 passed by a Co-ordinate Bench of this Court in a bunch of writ petitions led by S.B. Civil Writ Petition No.3141/2015 (Jagdish Chandra Khatik & Ors. Vs. State of Rajasthan & Ors.) which were decided in light of the judgment

¶18

(2 of 3)

¶19

[CW-11467/2018]

¶20

dated 29.7.2009 rendered in the case of Jagdish Bhanoda. Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.773/2009).

¶21

Learned counsel for the respondents does not dispute this position.

¶22

The prayer made in the instant writ petition is for grant of first selection scale to the petitioner upon completion of 9 years of service in the pay scale of Rs.5000-150-8000 with consequential benefits including fixation of pay and arrears.

¶23

Upon having examined the facts of the case at hand in context to the factual matrix examined by this Court in Jagdish Bhanoda’s case which judgment was later on affirmed uptil the Hon'ble Supreme Court, this Court is satisfied that the controversy involved in the instant writ petition is squarely covered by the said judgment.

¶24

Accordingly, the instant writ petition is disposed of requiring the petitioner to submit a detailed representation to the appropriate authority for ventilating his grievances along with a copy of this order. Upon such representation being received, the appropriate authority shall objectively consider and decide the same in light of ratio of the judgment rendered by this Court in Jagdish Bhanoda. Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.773/2009) by a reasoned speaking order within a period of eight weeks from the date of receipt of such representation.

¶25

(3 of 3) [CW-11467/2018]

¶26

In case, the petitioner is found entitled to any monetary/terminal benefits, the same shall be granted to them immediately.

¶27

If after the disposal of the representation, any of the petitioner's grievances still survives, he shall be at liberty to take recourse to appropriate legal remedy.

¶28

No order as to costs.

¶29

(ARUN BHANSALI),J

¶30

90-Rmathur/-

Shankar Lal Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shankar Lal Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Savita Ameta Vs State of Rajasthan

Manphool Vs State of Rajasthan

Ashok Aditya Vs State of Rajasthan

Laxmi Bishnoi Vs State of Rajasthan

Rekha Harijan Vs State of Rajasthan

Shravan Kumar Vishnoi Vs State of Rajasthan