Writ petition by a teacher seeking counting of service from 24.01.1994 for seniority and 9/18/27-year service benefits. Court disposed of the petition in terms of the Division Bench's Chandra Ram judgment, directing respondents to act within two months after verifying averments.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 2182/2024
Mohamad Sarfuddin S/o Late Shri Mali Ram Khan, Aged About 45 Years, Vpo Radawas Via Amarsar Tehsil Shahpura, District Jaipur, Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Vikram Singh Bhawla For Respondent(s) :
JUSTICE DINESH MEHTA
Order
16/02/2024
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(2 of 3)
(ii). Issue an appropriate writ order or direction in the nature thereof thereby direct the respondents to release all service benefit to the petitioner by counting and taking into consideration the first date of appointment as 24.01.1994 (Annexure-1) and release all payment and arrears to the petitioner. (iii). Pass any other appropriate order which this Hon’ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the petitioner”.
“The Controversy is covered by Full Bench decision passed on 03.07.2017 wherein, it has been held as under:
39. Question C
The contention of the counsel for the employees is required to be accepted and it cannot be annulled unless it has been annulled by appropriate authority. However, the benefits shal lnot be withdrawn but in future when the benefits are to be accorded for further promotion, the same will be considered on the basis of new law declared by the Supreme Court i.e. period will be considered from the date of regularization. When the future benefit of 9, 18
(3 of 3)
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and/or 27 will be considered their ad-hoc service will not be considered for the purpose of benefit of 9, 18 and/or 27 years. But if benefit has already been granted for all the three scales; the same shall not be withdrawn and no recovery will be made from the employees.
40. QUESTION D
In view of our answer in above matters, it is very clear that for the purpose of regularisation the date of regularisation will be from the date of regular appointment.
In that view of the matter, there cannot be two dates for the purpose of seniority and the other benefits. However, earlier services will be considered for the purpose of the same if there is a shortage in pensionary benefits.
In view of the above, all the appeals deserve to be allowed and the same are allowed. Stay applications are disposed of.”
(DINESH MEHTA), J.
C No. 18 (51)-raksha/-
1 issue framed by the court
Whether the petitioner's service benefits should be counted from his initial appointment date of 24.01.1994 in light of the Chandra Ram Division Bench judgment.
Mohamad Sarfuddin
The State Of Rajasthan, Through Its Principal Secretary, School Education Department
The Director Secondary Education, Bikaner
The Director, Elementary Education, Bikaner
The District Education Officer, Elementary Education, Jaipur
The District Education Officer, Secondary Education, Jaipur
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
