Smt. Santosh Bhil vs State Of Rajasthan
2021 Latest Caselaw 19189 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 17086/2021

Smt. Santosh Bhil W/o Shri Manraj Bhil, aged about 35 Years, R/o Ward No. 71, Near Kalu Modi Baada, Pabupura, Bheel Basti, Bikaner. At present posted as Gram Vikas Adhikari, Panchayat Samiti Bikaner.

----Petitioner Versus

1. State of Rajasthan through the Principal Secretary, Department of Rural Development and Panchayati Raj Department, Jaipur (Raj.).

2. Commissioner, Rural Development and Panchayati Raj Department, Jaipur.

3. Chief Executive Officer, Zila Parishad, Bikaner.

4. Block Development Officer, Panchayat Samiti, Bikaner, District Bikaner.

----Respondents

For Petitioner(s) : Mr. Hemant Jain.

HON'BLE MR. JUSTICE ARUN BHANSALI Order 16/12/2021

Heard.

Learned counsel for the petitioner states that the controversy

involved in the instant writ petition is squarely covered by the

order dated 3.4.2015 passed by a Coordinate Bench of this Court

in a bunch of writ petitions led by S.B. Civil Writ Petition

No.3141/2015 (Jagdish Chandra Khatik & Ors. Vs. State of

Rajasthan & Ors.) which were decided in light of the judgment

dated 29.7.2009 rendered in the case of Jagdish Bhanoda. Vs.

State of Rajasthan & Ors. (S.B. Civil Writ Petition No.773/2009).

The prayer made in the instant writ petition is for grant of

first selection scale to the petitioner upon completion of 9 years of

(2 of 2) [CW-17086/2021]

service in the pay scale of Rs.5000-150-8000 with consequential

benefits including fixation of pay and arrears.

Upon having examined the facts of the case at hand in

context to the factual matrix examined by this Court in Jagdish

Bhanoda's case which judgment was later on affirmed uptil the

Hon'ble Supreme Court, this Court is satisfied that the controversy

involved in the instant writ petition is squarely covered by the said

judgment.

Accordingly, the instant writ petition is disposed of requiring

the petitioner to submit a detailed representation to the

appropriate authority for ventilating his grievances along with a

copy of this order. Upon such representation being received, the

appropriate authority shall objectively consider and decide the

same in light of ratio of the judgment rendered by this Court in

Jagdish Bhanoda Vs. State of Rajasthan & Ors. (S.B. Civil Writ

Petition No.773/2009) by a reasoned speaking order within a

period of eight weeks from the date of receipt of such

representation.

In case, the petitioner is found entitled to any

monetary/terminal benefits, the same shall be granted to them

immediately.

If after the disposal of the representation, any of the

petitioner's grievances still survives, he shall be at liberty to take

recourse to appropriate legal remedy.

No order as to costs.

(ARUN BHANSALI),J 47-DJ/-

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