Allowed

Bhajan Lal Yadav v. State and Ors.

Rajasthan HC12 Dec 2018CW/1605/2014

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a writ petition seeking a direction to grant the petitioner a selection grade from the initial appointment date with consequential benefits. Relying on the precedent of Bhiya Ram Vishoni, the Court held the petitioner entitled to the same relief and directed payment within three months.

What did the court decide?

The writ petition is allowed; the department is directed to release the selection scale and pay it along with arrears within three months.

Bhajan Lal Yadav Vs State and Ors. — 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. 1605/2014

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Bhajan Lal Yadav S/o Shri Purkha Ram Yadav, aged about 57 years, resident of C/o Office of Assistant Engineer, Public Health & Engineering Department (City), Sub-Division-II, Sri Ganganagar.

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----Petitioner

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Versus

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State of Rajasthan through the Principal Secretary, Public Health & Engineering Department, Government of Rajasthan, Jaipur.

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The Chief Engineer (Admn.), Public Health & Engineering Department, Rajasthan, Jaipur.

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The chief Engineer (Rural), Public Health & Engineering Department, Rajasthan, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Kuldeep Mathur For Respondent(s) : Mr. N.K. Mehta

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HON'BLE MR. JUSTICE ARUN BHANSALI

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Order

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12/12/2018

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Learned counsel for the petitioner submits that the petitioner is confining his petition to prayer No. 2 as prayed for in the writ petition.

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In the writ petition prayer has been made seeking a direction to the respondents to grant selection grade from the date of initial appointment with all consequential benefits.

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It is submitted by learned counsel for the petitioner that the issue raised in the present writ petition is squarely covered by judgment in Bhiya Ram Vishnoi v. State of Rajasthan & Ors. : S.B.

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(2 of 2)

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[CW-1605/2014]

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Civil Writ Petition No. 14215/2013 , decided on 14.02.2017,

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wherein, a co-ordinate Bench of this Court has directed as under:-

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“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 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 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 petitioner is 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 case are similar to the case of Bhiya Ram Vishnoi (supra).

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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).

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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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70-AK Chouhan/-

Bhajan Lal Yadav v. State and Ors.

Case brief

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Bhajan Lal Yadav v. State and Ors.

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