The Rajasthan High Court at Jodhpur dismissed a review petition filed by the State of Rajasthan, held to be frivolous as the underlying appeal was squarely covered by Supreme Court precedent on selection grade pay.
Review petition dismissed with a cost of Rs.5,000/- to be deposited by the State with the HCLS, Jodhpur.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Writ Review No. 128/2018
----Petitioners
Versus
Budhmal S/o Sh. Palaram, at present LDC, Public Health and Engineering Department, Revenue Division Churu, District Churu.
----Respondents For Petitioner(s) : Mr. SS Ladrecha, AAG For Respondent(s) :
HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE DINESH MEHTA
Order
18/09/2018
This review petition has been filed by the State of Rajasthan seeking review of order dated 6.1.2017 passed by a Bench of this Court whereby the appeal preferred by the State has been decided in the light of the order dated 17.12.2015 passed in D.B. Civil Special Appeal (Writ) No.1068/2014 : Govind Dan Charan Vs. State of Rajasthan & Ors.
(2 of 2)
[WRW-128/2018]
It is noticed that in the case of Govind Dan Charan (supra), the appellant was found entitled to selection grade in the pay scale of Rs.975-1720, 1200-2050 and 1640-2900 (5500-9000) on completion of 9, 18 and 27 years of service respectively in terms of the judgment in the case of State of Rajasthan Vs. Jagdish Narain Chaturvedi : 2009 (12) SCC 49, from the date of his regular appointment.
It is not disputed by the learned Addl. Advocate General before this Court that the controversy involved in the appeal decided by the Bench of this Court by order under review dated 6.1.2017, was squarely covered by the decision of the Hon’ble Supreme Court in the case of Jagdish Narain Chaturvedi (supra).
In this view of the matter, the review petition is absolutely frivolous.
Accordingly, this review petition is hereby dismissed with cost of Rs.5,000/- to be deposited by the appellants with the High Court Legal Services Committee, Jodhpur within a period of one month from today.
(DINESH MEHTA),J (SANGEET LODHA),J
cpgoyal/63
3 issues framed by the court
Whether the review petition filed by the State challenging the order dismissing their appeal is maintained.
Whether the controversy is squarely covered by the Supreme Court decision in Jagdish Narain Chaturvedi ruling on selection grade pay.
Whether the review petition is frivolous and admissible for consideration.
Colour shows how this judgement treated each authority
Govind Dan Charan Vs. State of Rajasthan & Ors.Explained¶13
D.B. Civil Special Appeal (Writ) No.1068/2014 : Govind Dan Charan Vs. State of Rajasthan & Ors.
State of Rajasthan Vs. Jagdish Narain ChaturvediApplied¶16
State of Rajasthan Vs. Jagdish Narain Chaturvedi : 2009 (12) SCC 49 · Who else cites this
State of Rajasthan through the Principal Secretary, Public Health & Engineering Department, Government of Rajasthan, Jaipur
The Superintending Engineer, Public Health And Engineering Department, Circuit Churu, District Churu
The Executive Engineer, Public Health And Engineering Department , Churu Division, Distt. Churu
Budhmal S/o Sh. Palaram
SANGEET LODHA
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
