Shyam Sunder Sharma S/O Sh. Radha ... vs Secretary To The Government

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 14522/2019
Shyam Sunder Sharma S/o Sh. Radha Krishan Sharma, Aged
About 62 Years, R/o C/o Mukesh Chand Sharma Kashyap Gali,
Jagina Gate, Gopalgarh Mohalla, Bharatpur, Rajasthan.
                                                                    ----Petitioner
                                    Versus
1.     Secretary To The Government, Secondary Education
       Department, Government Secretariat, Rajasthan, Jaipur,
       Rajasthan.
2.     Director, Secondary Education Department, Rajasthan,
       Bikaner.
3.     District     Education         Officer        (Secondary-I),       District
       Bharatpur, Rajasthan.
                                                                 ----Respondents

For Petitioner(s) : Mr. Parmanand Paliwal, Adv. For Respondent(s) : Mr. Rahul Sehra, Adv.

Mr. Ujjwal Kakroda, Adv. on behalf of Mr. Ganesh Meena, AAG HON'BLE MR. JUSTICE INDERJEET SINGH Order 07/04/2022 This writ petition has been filed by the petitioner with the following prayer:-

"It is, therefore, humbly prayed that your Lordships may graciously be pleased to accept and allow this writ petition and call for the entire record relating to the matter and after perusing the same, (I) to issue an appropriate writ order or direction in the nature thereof thereby the respondents may kindly be directed to grant all consequential service benefit to petitioner from the respective dates of their initial appointment and pay the due arrears with interest of 12 % p.a. from the date of entitlement.

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(2 of 2) [CW-14522/2019] (II) Any other appropriate order or direction which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case, may also kindly be passed in favour of the petitioner." Counsel for the petitioner submitted that the respondents have regularised the services of the petitioner from the date of his regularisation i.e. 14.11.2004 and not from the date of initial appointment.

Learned counsel appearing on behalf of the respondents opposed the writ petition and relied upon the judgment passed by the Full Bench of this court in the matter of State of Rajasthan & Ors. Vs. Chandra Ram & Ors. (D.B. Special Appeal (Writ) No.589/2015 decided on 03.07.2015 wherein while decided question (A) observed as under:-

"For the reasons and discussions aforesaid and in view of the law declared by the Supreme Court in the case of Jagdish Narain Chaturvedi and Surendra Mahnot & Ors. (supra); we are of the opinion that the respondent - employee would stand regularized from the date of regularization in service and not prior to that."

This writ petition has been filed by the petitioner deserves to be dismissed in view of the judgment passed by the Full Bench of this court in the matter of State of Rajasthan & Ors. (supra) and the employee would stand regularized from the date of regularization in service and not prior to that.

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