The High Court allowed a writ petition, holding the petitioner entitled to a specific pay scale and selection grade upon completion of 18 and 27 years of service, directing execution within six months.
Petitioner declared entitled to specific pay scales and selection grade; respondents directed to execute these entitlements within six months.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ No. 1343/2018
Prem Narayan S/o. Durga Lal Ji, By Caste Brahmin Resident Of Adarsh Colony, Gulabpura Road, Hurda, District Bhilwara
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. C.S. Bissa. For Respondent(s) : Mr. N.K. Mehta.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
19/12/2018
Heard.
It is submitted by learned counsel for the parties that the controversy involved in the present writ petition is squarely covered by a decision rendered in Sohanlal Mathur Vs. State of Rajasthan & Ors.:S.B.Civil Writ Petition No.3631/2008 , decided on 17.11.2008, which has been affirmed by Apex Court in SLP (Civil) No.14932/2012.
Learned Single Judge of this Court, while deciding the case of Sohanlal (supra) has relied on an earlier judgment in Sharvan Kumar Vs. State of Rajasthan & Ors. (S.B.Civil Writ Petition
(2 of 2)
[CW-1343/2018]
No.2156/2007, decided on 05.09.2008). The Court held:-
“In view of whatever said above, this petition for writ deserves acceptance and, therefore, the same is allowed. The respondents are directed to allow selection grade to the petitioner on completion of 18 years of service as per para 5 of the notifications dated 25.1.1992 and 17.02.1998. The petitioner is declared entitled for getting the pay scale of Rs.1400-2600 (Rs.5000-8000) as second selection grade on completion of 18 years of service and the pay scale of Rs.5500-9000 on completion of 27 years of service as the third selection grade. The entitlement as declared above is required to be executed by the respondents within a period of six months from today.”
In this view of the matter, the instant petition is also allowed in the same terms and the petitioner is declared entitled for the grant of pay scale of Rs.5000-8000 instead of Rs.4000-6000 as third selection grade.
The entitlement as above be executed within a period of six months from today.
(ARUN BHANSALI),J 166-Rmathur/-
1 issue framed by the court
Whether the petitioner is entitled to the grant of a higher pay scale upon completion of required years of service based on precedents.
Colour shows how this judgement treated each authority
Sohanlal Mathur Vs. State of Rajasthan & Ors.Referred¶16
Sohanlal Mathur Vs. State of Rajasthan & Ors.:S.B.Civil Writ Petition No.3631/2008
Supreme Court of IndiaReferred¶16
SLP (Civil) No.14932/2012
Sharvan Kumar Vs. State of Rajasthan & Ors.Referred¶17
Sharvan Kumar Vs. State of Rajasthan & Ors. (S.B.Civil Writ Petition No.2156/2007)
Prem Narayan
State Of Rajasthan Through Secretary, Public Health Engineering Department
Chief Engineer, Public Health Engineering Department
Superintending Engineer, Public Health Engineering Department
Assistant Engineer, Public Health Engineering Department
ARUN BHANSALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
