The High Court of Rajasthan disposed of a writ petition relying on a 2008 judgment. It directed respondents to grant selection grades and pay scales to the petitioner, adjusting for the 2008 Revised Pay Rules, within three months.
Direction to respondents to grant selection grades and pay scales to the petitioner within three months.
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HIGH COURT of JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ No. 5190/2018
Madan Singh S/o Shri Mohan Singh Ji , By Caste- Rajput, Resident of - Near Man Ji Ka Kuwa, Ward No. 18, Sardarshahar, District Churu Raj.
----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 issue involved in the present writ petition has already been decided by this Court in the case of Sohan Lal Mathur v. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.3631/2008, decided on 17.11.2008 and that the said judgment in the case of Sohan Lal Mathur (supra) has been affirmed by the Division Bench of this Court as well as Special Leave Petition against the said judgment has also been rejected by the Hon’ble Supreme Court.
In the case of Sohan Lal Mathur (supra), it was directed as
under:-
(2 of 2) [
“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 notification dated 25.1.1992 and 17.2.1998. The petitioner is declared entitled for getting the pay scale of Rs.1400-2600 (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 view of the above, the writ petition filed by the petitioner is also disposed of with the direction to the respondents to grant the same relief to the petitioner, based on the corresponding pay scales/applicable pay scales i.e. Rs.1400-2600 (5000-8000) as second selection grade on completion of 18 years of service and 5500-9000 on completion of 27 years of service as the third selection grade as in the meanwhile Rajasthan Civil Services (Revised Pay) Rules, 2008 have been made applicable.
Needful may be done by the respondents within a period of three months from the date of this judgment.
No order as to costs.
a.asopa/-
2 issues framed by the court
Whether petitioner is entitled to selection grades and pay scales based on the precedent set in Sohan Lal Mathur.
Whether the relief granted in the earlier judgment can be extended to the present petitioner under revised pay rules.
Colour shows how this judgement treated each authority
Sohan Lal Mathur v. State of Rajasthan & Ors.Relied on¶14
Sohan Lal Mathur v. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.3631/2008
Sohan Lal Mathur v. State of Rajasthan & Ors.Followed¶19
S.B. Civil Writ Petition No.3631/2008
Madan Singh
The State of Rajasthan
The Chief Engineer, Public Health Engineering Department
The Superintending Engineer (O & M) P.M.C.
P.K. LOHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
