Citation : 2021 Latest Caselaw 16090 Raj
Judgement Date : 23 October, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14611/2021
Babulal Rawal S/o Shri Shanker Lal Rawal, Aged About 78 Years,
Resident Of Village And Post Krishnaganj, Tehsil And District
Sirohi (Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary To The
Government, Rural Development And Panchayati Raj
Department, Government Of Rajasthan, Secretariat,
Jaipur.
2. Chief Executive Officer, Zila Parishad, Sirohi.
3. Development Officer, Panchayat Samiti Sirohi, District
Sirohi.
----Respondents
For Petitioner(s) : Mr. Mukesh Vyas
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
23/10/2021
In wake of second surge in the COVID-19 cases, abundant
caution is being maintained, while hearing the matters in Court,
for the safety of all concerned.
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).
(Downloaded on 23/10/2021 at 09:57:53 PM)
(2 of 2) [CW-14611/2021]
The prayer made in the instant writ petition is for grant of
first selection scale to the petitioner upon completion of 9 years of
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.
(DR.PUSHPENDRA SINGH BHATI),J.
41-Sudheer/-
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