This writ petition allowed the petitioner's claim for selection grade pay based on prior precedents, directing respondents to grant the specified pay scale within six months.
Petitioner declared entitled for pay scale of Rs.5000-8000 as third selection grade; order to be executed within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ No. 4696/2018
Mangatu Khan S/o. Javadi Khan, By Caste Kayamkhani, aged about 63 years, Resident Of Nr. Sonaro Ka Kua, Ward No. 27, Churu, Tehsil And District Churu.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. C.S. Bissa. For Respondent(s) : Mr. N.K. Mehta, Addl. Govt. Counsel.
HON'BLE MR. JUSTICE P.K. LOHRA
Order
16/08/2018
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
(2 of 2)
Kumar Vs. State of Rajasthan & Ors. (S.B.Civil Writ Petition 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.
a.asopa/-66
2 issues framed by the court
Whether the petitioner is entitled to the grant of pay scale of Rs.5000-8000 as third selection grade after 18 years of service.
Whether the respondents are directed to execute the entitlement within six months from the date of the order.
Colour shows how this judgement treated each authority
Sohanlal Mathur Vs. State of Rajasthan & Ors.Referred¶15
Sohanlal Mathur Vs. State of Rajasthan & Ors.:S.B.Civil Writ Petition No.3631/2008
Sharvan Kumar Vs. State of Rajasthan & Ors.Referred¶16
Sharvan Kumar Vs. State of Rajasthan & Ors. (S.B.Civil Writ Petition No.2156/2007)
1 provisions across 1 enactments
Mangatu Khan
The State Of Rajasthan Through Secretary, Public Health Engineering Department, Government Of Rajasthan, Jaipur
The Chief Engineer, Public Health Engineering Department, Government Of Rajasthan, Jaipur
The Superintending Engineer, Public Health Engineering Department, Circle Churu, Churu (Raj)
The Assistant Engineer, Public Health Engineering Department, District Subdivision Churu Dist Churu (Raj)
P.K. Lohra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
