This single judge order allowed a writ petition concerning selection grade entitlements. Relying squarely on Sohanlal Mathur and Sharvan Kumar, directed the respondents to grant pay scales upon completion of specific years of service.
Petitioner allowed; respondents to allow selection grade and grant specified pay scales within six months.
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S.B. Civil Writ Petition No. 2310/2019
8477HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Ramesh Kumar Nai
----Petitioner
Versus
State And Ors
| For Petitioner(s) | : Mr. |
C.S. Bissa |
|---|---|---|
| For Respondent(s) | : Ms. |
Anjana Jawa |
HO.N1'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
In wake of onslaught of'C.0VID-19, abundant caution is being taken while hearing the matters in Court. Heard.
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 .ha.s been affirmed by Apex Court in SLP (Civil) No. 14932/20 12.
Learned Single Judge of this Court, while deciding the case of Sohanlal (supra) has relied on an earlier judgment in Sharvan 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 25.01.1 992 and 17.02.1 998. 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 I to be exdcuted by the respondents within a period of six months frkm today." I
In view /of the above, the instant writ petition is allowed and the responde!nts are directed to give all the entitlement available j to the petitioner(s) strictly in terms of the judgment of Sohanalal Mathur (su,pra).
AI'I- ttie bending applications also stand disposed of.
(DR ,,PUS,HPE.NDRA SINGH BHATI),J*
1 issue framed by the court
Whether the instant writ petition, being squarely covered by existing precedents, should be allowed directing the respondents to grant selection grade entitlements.
Colour shows how this judgement treated each authority
Ramesh Kumar Nai
State
Dr. Justice Pushpendra Singh Bhati
As recorded by the court registry
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