The Court disposed of the writ petition, directing respondents to consider the petitioners' representation for selection grade and pensionary benefits in light of precedent, while clarifying that no arrears are payable.
Directions to consider representation for selection grade and pensionary benefits excluding arrears.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JP:4054]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 920/2024
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Sunil Kumar Singodiya For Respondent(s) :
HON'BLE MR. JUSTICE GANESH RAM MEENA Order
24/01/2024
Learned counsel for the petitioners submits that the controversy involved in the present case is squarely covered by a judgment of this Court rendered in a bunch of writ petitions led by
S.B. Civil Writ Petition No.18941/2018 (Gulam Rasool
Bisayati V/s. State of Rajasthan & Anr.) and other connected matters decided on 08.09.2022 in the following terms:-
"In view of the above observations, the present petitions are allowed. The respondent Department is directed to count the services of the petitioners for the purposes of grant of selection grade w.e.f the date the petitioners were declared ‘semi- permanent’ with the Irrigation Department. The revision of the selection grades consequently be made by the respondent
(2 of 2)
[2024:RJ-JP:4054]
[CW-920/2024]
Department within a period of two months from the date of the present order. However, it is made clear that the petitioners would not been titled to any arrears/monetary benefits because of the said revision but they would be entitled to subsequent pensionary benefits only."
In these circumstances, learned counsel for the petitioners seeks liberty to approach the respondents by way of filing presentation for redressal of their grievances in light of the judgment rendered by this Court in the case of Gulam Rasool
Bisayati (supra) .
Ordered accordingly.
In the event of filing of such representation by the petitioners, the respondents shall consider and decide the same in accordance with law.
The present writ petition stands disposed of.
The order has been passed based on the submissions made in the petition. The respondents would be free to examine the veracity of the submissions made in the petition and only in case, the averments made therein are found to be correct, the petitioners would be entitled to the relief.
Since the main petition has been disposed of, the stay application and the pending application/s, if any, also stand disposed of.
(GANESH RAM MEENA),J
Satyendra/62
1 issue framed by the court
Are the petitioners entitled to selection grade and pensionary benefits based on service rendered as 'semi-permanent' employees?
Colour shows how this judgement treated each authority
Gulam Rasool Bisayati V/s. State of Rajasthan & Anr.Referred¶19
S.B. Civil Writ Petition No.18941/2018 (Gulam Rasool Bisayati V/s. State of Rajasthan & Anr.) decided on 08.09.2022
Ramgopal Saini
Yogesh Chand Saini
Ashok Kumar Sharma
The State Of Rajasthan
The Chief Executive Officer, Zila Parishad, Alwar
The Additional Chief Executive Officer, Zila Parishad Kherthal Tijara
GANESH RAM MEENA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
