Jitendra Kumar Rai S/O Shri ... vs The High Court Judicature For ...
2021 Latest Caselaw 7093 Raj/2

        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

(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

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