Rajasthan High Court - Jodhpur
Gopichand vs State Of Rajasthan on 14 July, 2022
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9826/2022
1. Gopichand S/o Shri Budhiram, Aged About 56 Years, R/o
Village Mehmadpura, Post Bandhbaretha, Tehsil Bayana,
District - Bharatpur (Raj.).
2. Preetpal Singh S/o Shri Balraj Singh, Aged About 47 Years,
R/o Ward No. 1, Sri Karanpur, District - Sri Ganganagar.
3. Manoj Kumar S/o Shri Prem Prakash, Aged About 49 Years,
R/o 2 G-31, Jawahar Nagar, District - Sri Ganganagar (Raj.).
4. Kanaram S/o Shri Thakar Ram, Aged About 46 Years, R/o
Kumharo Wali Dhani, Post - Sardarpurajeevan, Via - Lalgarh
Jatan, District Sri Ganganagar (Raj.).
5. Rajender Prasad S/o Shri Mahaveer Prasad, Aged About 51
Years, R/o Behind Swami Dharmshala, Suratgarh, District -
Sri Ganganagar (Raj.).
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Department Of
Rural Development And Panchayati Raj, Government Of
Rajasthan, Secretariat, Jaipur.
2. The District Collector, Sri Ganganagar, District Sri
Ganganagar.
3. The Chief Executive Officer, Zila Parishad Sri Ganganagar,
District Sri Ganganagar (Raj.).
4. The Vikas Adhikari, Panchayat Samiti Gharsana, District - Sri
Ganganagar (Raj.).
5. The Vikas Adhikari, Panchayat Samiti Sri Ganganagar,
District Sri Ganganagar (Raj.).
----Respondents
For Petitioner(s) : Mr. J.S. Bhaleria.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
14/07/2022
Heard.
Learned counsel for the petitioners 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
(2 of 3) [CW-9826/2022]
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 petitioners 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 uptill 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 petitioners to submit a detailed representation to the
appropriate authority for ventilating their 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 petitioners are 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
petitioners' grievances still survives, they shall be at liberty to
take recourse to appropriate legal remedy.
No order as to costs.
(3 of 3) [CW-9826/2022]
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
petitioners would be entitled to the relief.
(ARUN BHANSALI),J
152-Sumit/-
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