Smt. Gayrasi Devi vs State Of Rajasthan
2022 Latest Caselaw 5217 Raj

(1 of 2) [CW-5116/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5116/2022 Smt. Gayrasi Devi W/o Late Mal Singh, Aged About 78 Years, Shyamgarh, Tehsil Nawa, District Nagaur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Secretary, Department Of Rural Development And Panchayati Raj, Secretariat, Jaipur.

2. Chief Executive Officer, Zila Parishad Nagaur, District Nagaur.

3. Development Officer, Panchayat Samiti Kuchaman City, District Nagaur (Rajasthan).

                                                    ----Respondents


For Petitioner(s)        :     Mr. Naveen Dhuwan (through VC)
For Respondent(s)        :


         HON'BLE MR. JUSTICE ARUN BHANSALI
                        Order
07/04/2022

     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

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

(2 of 2) [CW-5116/2022]

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.

The order has been passed based on the submissions made in

the petition, the respondents would be free to examine the veracity

of the submissions made in the petition and only in case, the

averments made therein are found to be correct, the petitioner

would be entitled to the relief.

(ARUN BHANSALI),J 150-Sumit/-

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