Rajasthan High Court - Jodhpur
Bhura Ram Dhaka vs State Of Rajasthan And Ors on 21 April, 2022
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 891/2018
Bhura Ram Dhaka S/o Shri Kishna Ram Dhaka, Resident Of
Village Likhamansar, Tehsil Sujangarh, District Churu And
Presently Posted At Govt. Adarsh Higher Secondary School Jilee,
Ps Sujangarh, District Churu.
----Petitioner
Versus
1. The State Of Rajasthan Through Its Secretary, Rural
Development And Panchayati Raj Department,
Secretariat, Jaipur.
2. Principal Secretary, Department Of Secondary Education,
Govt. Of Rajasthan, Secretariat, Jaipur.
3. The Director, Secondary Education, Bikaner.
4. The District Education Officer Secondary Education,
Churu.
5. The Block Development Officer, Panchayat Samiti
Sujangarh, District Churu.
6. Principal, Govt. Adarsh Higher Secondary School Jilee, Ps
Sujangarh, District Churu.
----Respondents
For Petitioner(s) : Mr. Yashpal Khileree
For Respondent(s) : Mr. Hemant Choudhary, GC
HON'BLE MS. JUSTICE REKHA BORANA
Order
21/04/2022
Brief facts of the case are as under:
The petitioner was appointed as Teacher Grade-III vide
appointment order dated 12.12.1988 and he joined on
14.12.1988. After completion of the probation period, he was
confirmed vide order dated 23.06.1993 w.e.f. the initial date of
appointment i.e. 14.12.1988. The petitioner was even granted
(2 of 3) [CW-891/2018]
ACP after completion of 9 and 18 years, that too, w.e.f. the date of
initial appointment i.e. 14.12.1988.
Vide the impugned order dated 13.10.2017 (Annexure-5),
recovery has been sought to be made from the petitioner for the
amount paid excess after 29.06.2009 on the premise that the
benefit of ACP was wrongly granted from the initial date of
appointment.
Counsel for the petitioner relied upon the judgments passed
by the Hon'ble Apex Court in State of Rajasthan vs. Jagdish
Narayan Chaturvedi reported in (2009) 12 SCC 49 and further
the Division Bench Judgment of this Court in D.B. Special Appeal
(Writ) 1866/2018; State of Rajasthan vs. Smt. Kanta
Sharan decided on 22.01.2020.
The facts in the case of Smt. Kanta Sharan (supra) are
almost akin to the present matter. Therein also the same issue
whether the period of service as a temporary employee was to be
counted for the purposes of grant of ACP or not was in
consideration. The Division Bench while considering the said issue
observed as under:
"But in the instant case, the fact that the
temporary appointment of the respondent vide
order dated 3.12.85 was followed by order dated
7.6.90, whereby her services were confirmed from
the date of her initial appointment i.e. 3.12.85 is
not disputed and thus, for all intent and purposes,
the respondent deserves to be treated regular
employee from the date of her initial appointment.
Moreover, the appellants having accorded the first
and second selection grade to the respondent on
completion of 9 and 18 years of service, counted
from the date of her initial appointment, there is
(3 of 3) [CW-891/2018]
no reason why for the purpose of grant of third
selection grade, the services rendered by her
before the confirmation on the post of Teacher
Gr.II, vide order dated 7.6.90, should be excluded
for the purposes of grant of third selection grade
on completion of 27 years of service."
In the present case too, it is an admitted fact that the
service of the petitioner was confirmed on 23.06.1993 w.e.f. the
initial date of appointment i.e. 14.12.1988. Therefore, the ratio as
laid down in the case of Kanta Charan (supra) is directly
applicable in the present matter too.
In view of the discussion above, the present writ petition is
allowed and the impugned order dated 13.10.2017 is quashed and
set aside. It is held that the petitioner would be entitled to the 3 rd
selection Grade on completion of 27 years of service while
counting his services from his initial date of appointment i.e.
14.12.1988. All consequential benefits shall follow.
(REKHA BORANA),J
107-Sachin/-
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