HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 651/2020
Jitendra Kumar Rai S/o Shri Vibhuti Rai
----Petitioner
Versus
The High Court Judicature For Rajasthan & Anr.
----Respondents
For Petitioner(s) : Mr. Akhil Simlote assisted by Mr. Dikshant Jain For Respondent(s) :
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 01/12/2021 Though, in the writ petition, the petitioner has assailed the order reverting him to the post of LDC from the promotional post of UDC but, during the course of argument, learned counsel for the petitioner submitted that he confines his relief to the extent of recovery of excess payment made to him along with advance increment as per the recommendation of the Shetty Commission. Learned counsel submitted that State Government has issued a circular dated 20.08.2010 taking into consideration the judgments of the Hon'ble Apex Court of India whereby it has been decided not to make recovery from the officers who have been granted selection grade prior to 29.06.2009 by counting period of ad hoc service. He submitted that since the petitioner was granted benefit of higher selection grade before 29.06.2009, no recovery could be made.
Issue notice of the writ petition as well as of stay application. Rule is made returnable by five weeks. Notices be filed in two (Downloaded on 01/12/2021 at 09:46:17 PM) (2 of 2) [CW-651/2020] sets. One set of notices be sent through registered post with acknowledgment due. Steps to be taken within a week.
Heard learned counsel for the petitioner on interim relief. Taking into consideration the contentions advanced by learned counsel for the petitioner, the material on record including the circular dated 20.08.2010, this Court deems it just and proper to direct the respondents not to effect recovery of the excess amount paid to petitioner, till further orders.
(MAHENDAR KUMAR GOYAL),J Manish/78 (Downloaded on 01/12/2021 at 09:46:17 PM) Powered by TCPDF (www.tcpdf.org)