Rakesh Verma Son of Shri Amar Singh Verma Vs Rajasthan High Court

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 1786/2021

Rakesh Verma Son Of Shri Amar Singh Verma, Aged About 54 Years, Resident Of Ashok Vihar Colony, Dholpur (Rajasthan) (Presently Working As Personal Assistant In The Court Of Additional District Judge, Bari, District Dholpur, (Rajasthan)

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----Petitioner

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Versus

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Rajasthan High Court, Through Its Registrar General, Jodhpur.

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District And Session Judge, Dholpur, District Dholpur, Rajasthan.

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 7183/2021

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Vijay Singh S/o Shri Manohari Lal, Aged About 51 Years, R/o Varadhman Colony, Hindouncity, District Karouli, Rajasthan.

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----Petitioner

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Versus

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1. Rajasthan High Court, Through Its Registrar General, Jodhpur

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1. District And Session Judge, Dholpur, District Dholpur, Rajasthan

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----Respondents

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For Petitioner(s)	: Mr. Ashwinee Kumar Jaiman with Mr. Keshav Prashar,
	Mr. Ashish Kabra and Mr. Moin Khan
For Respondent(s)	: Mr. Shailesh Prakash Sharma with Mr. Divakar Tehariya

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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02/02/2026

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1. S.B. CWP No.1786/2021 is filed with following prayer:

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(i) quash and set aside the office order dated 13.1.2021 passed by the Respondent No. 2 and to direct to respondents to grant the benefit of third selection scale to the petitioner w.e.f. 21.5.2019 with all consequential benefits.

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(ii) direct the Respondents to restore the order dated 9.3.2017 granting the second selection to the petitioner w.e.f. 21.5.2010.

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(iii) To quash and set aside the recovery proceedings against the petitioner initiated vide order dated 13.1.2021.

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(iv) To award cost of the litigation to the petitioner as petitioner has been dragged into litigation due to sheer carelessness and negligence of the respondents.

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S.B. CWP No. 7183/2021 is filed with following prayer: (i) To quash and set aside the office order dated 13.1.2021 passed by the Respondent No. 2 and to further direct to respondents to grant the benefit of Second Selection Scale to the petitioner w.e.f. 29.7.2020 with all consequential benefits.

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(ii) To quash and set aside the recovery proceedings against the petitioner initiated vide order dated 13.1.2021 and if any amount is being recovered same may be refunded to the petitioner along with interest @ 12% p.a.

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(iii) To award cost of the litigation to the petitioner as petitioner has been dragged into litigation due to sheer carelessness and negligence of the respondents.

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Application No. 1/2025 is filed by learned counsel for the petitioner after notification dated 24.09.2024 issued by the Department of Personnel (A Group-2), Government of

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Rajasthan, whereby an amendments in Rules 14A and 20 of the Rajasthan District Court Municipal Establishment Rules, (hereinafter referred to as the Rules of 1986), were introduced and made effective.

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Learned counsel for the petitioner submits that both the writ petitions be disposed of at this stage with liberty to the petitioners to make a representation to the respondents in light of the amendment under the Rules, which have made them eligible for promotion and grant of scale. He further submits that till the representations are decided, the recovery effected by the respondents be stayed.

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Having considered the submissions and also the material placed on record, both the writ petitions are disposed of with liberty to the petitioners to submit a representation to the respondents in light of the notification dated 24.09.2024, whereby Rules 14A and 20 of the Rules of 1986 were amended by the Government of Rajasthan in consultation with the High Court of Judicature for Rajasthan.

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Considered the grievance raised herein, the petitioners are given a liberty to submit a representation to the respondents-Authority within a period of 30 days raising all grounds and the respondents-Authority are directed to consider and decide the representation within a period of 60 days from date of receipt of representation, in light of aforementioned notification. After the decision, the respondents are under an obligation to communicate the decision to the petitioners either by way of speed post or

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through E-mail, if petitioners have provided E-mail in their representation.

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Needless to say that if ratio is applicable upon facts of the case as claimed by the petitioners, then same benefits be extended, to the petitioner(s).

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Till the disposal of the representation, no recovery shall be effected and the interim orders dated 11.02.2021 and 26.07.2021 respectively shall remain in force till the disposal of represntation.

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Accordingly, writ petitions along with misc. applications, if any, stands disposed of.

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(ASHOK KUMAR JAIN),J

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PREETI VALECHA /53-45

Rakesh Verma Son of Shri Amar Singh Verma v. Rajasthan High Court

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Rakesh Verma Son of Shri Amar Singh Verma v. Rajasthan High Court

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