HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4249/2019
Kapil Kumar Jyani S/o Shri Mahendra Pratap Jyani, Aged About
48 Years, R/o E-403, Mahima Panache, Jagatpura, Jaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary To
Government, Technical Education Department,
Government Of Rajasthan, Secretariat, Jaipur (Raj.)
2. The Principal Secretary To Government, Finance
Department, Government Of Rajasthan, Secretariat,
Jaipur (Raj.)
3. The Principal Secretary To Government, Department Of
Personnel, Government Of Rajasthan, Secretariat, Jaipur
(Raj.)
4. Director, Technical Education, Government Of Rajasthan,
Jodhpur (Raj.)
----Respondents
For Petitioner(s) : Mr. Ashish Joshi, Adv. For Respondent(s) : Mr. Hari Kishan Saini, Adv.
HON'BLE MR. JUSTICE INDERJEET SINGH Order 03/03/2022 Counsel for the petitioner submitted that the issue involved in this writ petition has been considered by the Coordinate Bench of this Court in the matter of Vishnu Kumar & Anr. Vs. State of Rajasthan & Ors. in S.B. Civil Writ Petition No.11932/2012 decided on 11.08.2014 wherein it has been held as under:-
"In view of above, the writ petition deserves to be succeed and is hereby allowed. The impugned orders dated (Downloaded on 08/03/2022 at 09:06:54 PM) (2 of 3) [CW-4249/2019] 27.1.2011 and 11.4.2012 are quashed and set aside. The respondents are directed to count the period of ad hoc service of the petitioners for grant of promotion as Lecturer (Senior Scale) under Career Advancement Scheme and grant them selection grade of the post and pay all consequential benefits counting their ad hoc period of service with interest @ 9% per annum.
Compliance of the judgment be made within three months from the date copy of this judgment is produced before the respondents."
Counsel further submits that the State of Rajasthan filed D.B. Special Appeal (W) No.43/2015 against the order dated 11.08.2014 tilted as State of Rajasthan & Ors. Vs. Vishnu Kumar & Anr. which was dismissed by the Division Bench of this court vide order dated 13.07.2015. Counsel further submits that the respondents have complied with the order passed by this court in the matter of Vishnu Kumar & Anr. and granted the benefits in compliance thereof. Counsel further submits that the petitioner is also similarly situated person, therefore, the same benefits may also be granted to him.
Counsel for the respondents has not disputed this fact situation as aforesaid, of granting benefit to the similarly situated persons.
In that view of the matter, the present writ petition is allowed. The respondents are directed to count the period of ad hoc service of the petitioner for grant of promotion as Lecturer (Senior Scale) under Career Advancement Scheme and grant him selection grade of the post and pay all consequential benefits counting his ad hoc period of service with interest @ 6% per annum.
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(3 of 3) [CW-4249/2019] Compliance of the judgment be made within three months from the date copy of this judgment is produced before the respondents.
(INDERJEET SINGH),J JYOTI /149 (Downloaded on 08/03/2022 at 09:06:54 PM) Powered by TCPDF (www.tcpdf.org)