Dinesh Chandra Mali vs State And Ors
2021 Latest Caselaw 18326 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6031/2006

Dinesh Chandra Mali S/o Shri Devi Lal Mali, aged about 47 years R/o Bedla, Tehsil Girva, District Udaipur, Rajasthan.

----Petitioner Versus

1. The State of Rajasthan through The, Chief Engineer Public Works department, Rajasthan, Jaipur (Raj.)

2. The Dept. Chief Engineer, Public Works Department Udaipur Zone, Udaipur (Raj.)

3. The Superintendent Public Garden (Udhyan) Department, Udaipur (Raj.)

----Respondents

For Petitioner(s) : Mr. Ravindra Singh For Respondent(s) : Mr. Anil Batchhawat

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

02/12/2021

The matter comes up for consideration of the application (IA

No.01/21) preferred on behalf of the petitioner with a prayer for

early listing of the writ petition.

Learned counsel for the petitioner has submitted that the

controversy involved in this writ petition is squarely covered by a

decision of this Court rendered in SB CWP No.217/2005 Ugh

Singh & Ors. Vs. State of Rajasthan & Ors and other

connected writ petitions decided on 12.04.2014. It is submitted

that in view of the said judgment, the orders issued by the

respondents for recovery of amount from the petitioner are liable

to be set aside.

(2 of 2) [CW-6031/2006]

Learned counsel for the respondent is not in a position to

dispute the fact that controversy involved in this writ petition is

squarely covered by the decision rendered in SB CWP

No.217/2005 Ugh Singh & Ors. Vs. State of Rajasthan &

Ors

In such circumstances, the present writ petition is disposed

of while holding that the petitioner is not entitled to grant of the

selection scale from their initial date of ad hoc appointment but

only from the date of their regular appointment. However, the

recovery of any amount already paid on account of grant of such

selection scales from the date of initial appointment, shall not be

made in view of the State Government Circular dated 20.08.2010.

All pending applications are disposed of.

(VIJAY BISHNOI),J

24-pratibha/-

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