Shyam Sunder Sharma S/O Sh. Radha ... vs Secretary To The Government
2022 Latest Caselaw 2947 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 14522/2019
Shyam Sunder Sharma S/o Sh. Radha Krishan Sharma, Aged
About 62 Years, R/o C/o Mukesh Chand Sharma Kashyap Gali,
Jagina Gate, Gopalgarh Mohalla, Bharatpur, Rajasthan.
                                                                    ----Petitioner
                                    Versus
1.     Secretary To The Government, Secondary Education
       Department, Government Secretariat, Rajasthan, Jaipur,
       Rajasthan.
2.     Director, Secondary Education Department, Rajasthan,
       Bikaner.
3.     District     Education         Officer        (Secondary-I),       District
       Bharatpur, Rajasthan.
                                                                 ----Respondents

For Petitioner(s) : Mr. Parmanand Paliwal, Adv. For Respondent(s) : Mr. Rahul Sehra, Adv.

Mr. Ujjwal Kakroda, Adv. on behalf of Mr. Ganesh Meena, AAG

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

07/04/2022

This writ petition has been filed by the petitioner with the

following prayer:-

"It is, therefore, humbly prayed that your Lordships may graciously be pleased to accept and allow this writ petition and call for the entire record relating to the matter and after perusing the same, (I) to issue an appropriate writ order or direction in the nature thereof thereby the respondents may kindly be directed to grant all consequential service benefit to petitioner from the respective dates of their initial appointment and pay the due arrears with interest of 12 % p.a. from the date of entitlement.

(2 of 2) [CW-14522/2019]

(II) Any other appropriate order or direction which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case, may also kindly be passed in favour of the petitioner."

Counsel for the petitioner submitted that the respondents

have regularised the services of the petitioner from the date of

his regularisation i.e. 14.11.2004 and not from the date of initial

appointment.

Learned counsel appearing on behalf of the respondents

opposed the writ petition and relied upon the judgment passed by

the Full Bench of this court in the matter of State of Rajasthan &

Ors. Vs. Chandra Ram & Ors. (D.B. Special Appeal (Writ)

No.589/2015 decided on 03.07.2015 wherein while decided

question (A) observed as under:-

"For the reasons and discussions aforesaid and in view of the law declared by the Supreme Court in the case of Jagdish Narain Chaturvedi and Surendra Mahnot & Ors. (supra); we are of the opinion that the respondent - employee would stand regularized from the date of regularization in service and not prior to that."

This writ petition has been filed by the petitioner deserves to

be dismissed in view of the judgment passed by the Full Bench of

this court in the matter of State of Rajasthan & Ors. (supra) and

the employee would stand regularized from the date of

regularization in service and not prior to that.

(INDERJEET SINGH),J

JYOTI /35

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