Kailash Chandra Dhakar vs The State Of Rajasthan
2021 Latest Caselaw 11728 Raj

(1 of 3) [CW-9635/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9635/2021

1. Kailash Chandra Dhakar S/o Shri Hira Lal Dhakar, Aged About 57 Years, R/o V/p Plot No. 7-D-22, R.c. Vyas Colony, District Bhilwara, Rajasthan.

2. Gopal Lal Jeengar S/o Shri Todar Mal, Aged About 59 Years, R/o 59-A, Subhash Nagar, District Bhilwara, Rajasthan.

3. Shyam Lal Sharma S/o Shri Hari Shankar Sharma, Aged About 61 Years, R/o 4-H-16, R.c. Vyas Colony, District Bhilwara, Rajasthan.

4. Mohan Singh S/o Shri Yadram Chahar, Aged About 60 Years, R/o N-73 (A), Hanuman Vatika-Ii, Bharat Path, Ajmer Road, District Jaipur, Rajasthan.

5. Hawa Singh S/o Shri Kanhi Ram, Aged About 58 Years, R/o Village And Post Bhirr, District Jhunjhunu, Rajasthan.

6. Prabhakar Pandey S/o Shri Shiv Shankar Pandey, Aged About 58 Years, R/o 11-A, Street No. 6, Krishna Nagar, Near Bajrang Nagar, District Kota, Rajasthan.

7. Vijay Kumar Gupta S/o Shri Radhey Shyam Gupta, Aged About 59 Years, R/o B-39, L.s. Nagar, Naya Kheda, Near Biyani Girls College, Vidhyadhar Nagar, District Jaipur, Rajasthan.

8. Ganesh Kumar Carpenter S/o Shri Nand Kishore Carpenter, Aged About 59 Years, R/o R.k. Puram, Near Ddps School, District Kota, Rajasthan.

9. Chhattar Singh S/o Shri Kallu Ram, Aged About 56 Years, R/o 61, Bhagwati Nagar, Iind Kartarpura, District Jaipur, Rajasthan.

10. Ashok Kumar Nandwana S/o Shri Jugal Kishor Nandwana, Aged About 57 Years, R/o Villa No. 11, Arcadia Greens, Vaishali Estate, Gandhi Path West, Sirsi, District Jaipur, Rajasthan.

11. Umesh Kumar Shringi S/o Shri Bhanwar Lal Sharma, Aged About 58 Years, R/o 26, Bankers Colony, Gumanpura, District Kota, Rajasthan.

                                                                       ----Petitioners
                                      Versus



                                              (2 of 3)                       [CW-9635/2021]


1.      The     State      Of     Rajasthan,         Through          The     Secretary,

Department Of Water Resources, Rajasthan, Jaipur.

2. The Secretary, Department Of Finance, Government Of Rajasthan, Jaipur.

3. The Chief Engineer, Department Of Water Resources, Rajasthan, Jaipur.

                                                                     ----Respondents


For Petitioner(s)            :     Mr. Kuldeep Mathur
For Respondent(s)            :



                        JUSTICE DINESH MEHTA

                                        Order

28/07/2021

(1)   Learned    counsel         for   the     petitioners          submits    that   the

controversy as to whether petitioners are entitled for grant of ACP

from the initial date of appointment or from the date of

regularization has been set at rest by this Court and the same has

been affirmed by the Division Bench of this Court and by Hon'ble

the Supreme Court (vide order dated 23.04.2018), yet the

respondents are seeking to recover the benefits of selection

grade/ACP granted to the petitioners in light of some legal

opinion, based on the judgment of Hon'ble the Supreme Court in

the case of Jagdish Narayan Chaturvedi.

(2) Mr. Mathur, learned counsel for the petitioners, argues that

once the issue has been set at rest between the parties, the

respondents cannot issue recovery notice based on the judgment

in the case of Jagdish Narayan Chaturvedi, who was not a Junior

Engineer and in whose case the exception carved out by order

dated 21.10.1993 was not available.

(3) The matter requires consideration.

(3 of 3) [CW-9635/2021]

(4) Admit. Issue notice. Issue notice of stay application also,

returnable within eight weeks.

(5) Meanwhile, no recovery shall be made from the petitioners

pursuant to orders dated 20.04.2021 (Annex.25), 02.06.2021

(Annex.26) and consequential order dated 09.07.2021

(Annex.27).

(DINESH MEHTA),J

364-skm/-

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