Allowed

Kamlesh Kumar Sharma v. the State of Rajasthan

Rajasthan HC23 Oct 2018CW/15456/2018

Case brief

AI extract

What is this about?

This High Court allowed a writ petition seeking selection grade for two employees. Relying on the precedent set in Bhiya Ram Vishnoi, the Court directed respondents to grant the grant of selection scale from the date of initial appointment along with arrears within three months.

What did the court decide?

Direction to grant selection grade from the date of initial appointment with all consequential benefits and to release arrears within three months.

Kamlesh Kumar Sharma Vs the State of… — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ No. 15456/2018

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Kamlesh Kumar Sharma S/o Shri Rameshwar Lal Sharma, Aged About 58 Years, 1/535 Geetshwar, Housing Board Colony, Nagaur, Rajasthan.

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Ranjeet Ram Sharma S/o Shri Purkha Ram Sharma, Aged About 57 Years, Panchariya Bhawan, Karni Colony, Nagaur, Rajasthan.

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----Petitioners

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Versus

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The State Of Rajasthan, Through The Secretary, Department Of Public Health And Engineering , Rajasthan, Jaipur.

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The Chief Engineer, P.m.u. , Rrws And Fmp, Pmc , Nagaur, Rajasthan.

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The Executive Engineer, Phed, Project Division, Nagaur, Rajasthan.

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----Respondents

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For petitioners(s) : Mr. Kuldeep Mathur. For Respondent(s) : Mr. Narendra Singh Rajpurohit.

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HON'BLE MR. JUSTICE ARUN BHANSALI

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Order

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23/10/2018

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Mr. N.S. Rajpurohit puts in appearance on behalf of the

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respondents.

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This writ petition has been filed by the petitioners seeking a direction to the respondents to grant selection grade from the date of their initial appointment with all consequential benefits.

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It is submitted by learned counsel for the petitioners that the issue raised in the present writ petition is squarely covered by

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(2 of 2)

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[CW-15456/2018]

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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:-

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“7. Accordingly, this writ petition is allowed. The petitioners is declared to be entitled to count his entire period of service for the purpose of grant of 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 petitioners on completion of 9, 18 years of service and the same be paid to the petitioners along with arrears within the period of three months from date date of passing of this order.”

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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 petitioners are also entitled to the same relief.

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Learned counsel for the respondents is not in a position to dispute that the facts of the present cases are similar to the case of Bhiya Ram Vishnoi (supra).

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In view of the above fact situation, wherein, the petitioners stand on similar footing with that of Bhiya Ram Vishnoi (supra), the writ petition filed by the petitioners is allowed with similar relief as granted in the case of Bhiya Ram Vishnoi (quoted supra).

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Needful may be done by the respondents within a period of three months.

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(ARUN BHANSALI)J.

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PKS-331

Kamlesh Kumar Sharma v. the State of Rajasthan

Case brief

What is this about?

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Kamlesh Kumar Sharma v. the State of Rajasthan

Case brief

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