Dismissed

Jai Narain Vyas University Jod.and Anr. v. Chandan Singh Chouhan

Rajasthan HC1 Oct 2018SAW/459/2009

Case brief

AI extract

What is this about?

The Special Bench dismissed the appeal filed by Jai Narain Vyas University against an order granting a respondent the benefit of a higher selection grade. The dismissal was due to the appellants' refusal to produce recruitment rules and relevant documents spanning 1976 that were ordered by the High Court.

What did the court decide?

The appeal filed by the Jai Narain Vyas University is dismissed on account of the appellants withholding necessary documents from the Court.

Jai Narain Vyas University Jod.and Anr. Vs… — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Spl. Appl. Writ No. 459/2009

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The Jai Narain Vyas University, Jodhpur through its ViceChancellor.

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The Registrar, Jai Narain Vyas University, Jodhpur.

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----Appellants

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Versus

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Chandan Singh Chouhan S/o Shri Ganga Singh, by caste Rajput, aged 60 years, resident of Juni Bagar, Opp.Shiv Temple, Mahamandir, Jodhpur.

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----Respondent

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For Appellant(s) : Mr.P.R.Singh For Respondent(s) : Mr.Nitin Trivedi

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HON'BLE THE CHIEF JUSTICE PRADEEP NANDRAJOG HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Judgment

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01/10/2018

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Case pleaded by the respondent in the writ petition filed by him was that he was appointed as a Drawing Teacher Gr.II in the Education Department of the State of Rajasthan and he applied to be appointed as an Artist in the Botany Department of JNV University, Jodhpur. Being selected he was appointed as an Artist in the Botany Department. Kept on probation for a period of two years and having successfully completed the probation he was confirmed as an Artist on 17.6.1978. He pleaded that there was an anomaly in the pay scale of Artist in different Universities of the State. He pleaded that Artist in the Department of Botany in the University of Rajasthan at Jaipur were paid salary in a higher grade. He pleaded that he was placed in the pay scale ₹610-1090.

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(2 of 4)

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[SAW-459/2009]

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Artist in the University of Rajasthan at Jaipur were placed in the pay scale 740-1420. He pleaded that posts of Artist in different₹ Universities as also in the Museum in the Zoology Department were isolation posts. He drew attention in the pleadings to the case of one Paras Ram Panwar, Artist-cum-Photographer in the Botany Department of JNV University, Jodhpur, which post was also an isolation post. He raised the issue of placement in the selection grade.

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The respondent pleaded that Paras Ram Panwar, Artist-cumPhotographer in the Department of Botany of JNV University, Jodhpur was given selection scale of 2000-3200 whereas he was₹ placed in the selection scale of 1640-2900. He pleaded that₹ Syndicate of the University had taken a decision for grant of benefit of selection grade scale to those who were either holding isolation post or could not earn promotion on completing 9, 18 and 27 years service.

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In the reply filed it was pleaded that the writ petitioner has not shown how the post of Artist-cum-Photographer and the post of Artist in the Botany Department are the same. It was thus pleaded that the petitioner could not claim parity with Paras Ram Panwar. But, interestingly in paragraph 3 of the para-wise reply to the writ petition the University pleaded that the wrong in favour of Paras Ram Panwar could not create right in favour of the writ petitioner.

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Vide impugned decision dated March 3, 2009 the learned Single Judge commences the narration of the fact by recording that the writ petitioner was appointed as a Photographer-cumArtist in the Botany Department and this permeates the decision passed by the learned Single Judge recording that in the

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(3 of 4)

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[SAW-459/2009]

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University of Jodhpur Photographer-cum-Artist in the Botany Department were placed in a pay scale higher than the one in which the writ petitioner was placed. The learned Single Judge held that the decision to grant selection grade 2000-3200 to₹ Paras Ram Panwar was correct and this was the pay scale in which the writ petitioner was required to be placed while granting him the selection scale benefit.

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On 7^th February, 2018 this Bench had required the University to produce the Recruitment Rules and the Schedule thereto from which it could be ascertained whether the post of Artist was different than the post of Photographer-cum-Artist. The order also records that the appellants shall produce the relevant documents pertaining to the year 1976 from which the pay scale of Artist and the pay scale of Photographer-cum-Artist was ascertainable. The order was not complied with. On 2.8.2018 last opportunity was granted to comply with the said order. Till date the order has not been complied with.

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Annexure A-3 to the writ petition filed by the respondent would show that Artist in JNV University, Jodhpur were placed in the scale 1120-2050 and Museum Artist in Rajasthan University₹ were placed in the pay scale 1440-2825. With respect to₹ Annexure A-3 the writ petitioner brought out that there was complete anomaly in the different departments of the different Universities. The nomenclature: Artist, Museum Artist and Photographer-cum-Artist was a misnomer. We find from the reply that no satisfactory explanation was given by the appellants to said stand of the respondent.

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(4 of 4)

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[SAW-459/2009]

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Under the circumstances the appeal is dismissed on account of the appellants withholding the necessary documents from the Court.

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(PUSHPENDRA SINGH BHATI),J

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(PRADEEP NANDRAJOG),CJ

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Parmar

Jai Narain Vyas University Jod.and Anr. v. Chandan Singh Chouhan

Case brief

What is this about?

What did the court decide?

Jai Narain Vyas University Jod.and Anr. v. Chandan Singh Chouhan

Case brief

What is this about?

What did the court decide?

What the court decided

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