Kapil Kumar Jyani S/O Shri ... vs State Of Rajasthan
2022 Latest Caselaw 1918 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 4249/2019
Kapil Kumar Jyani S/o Shri Mahendra Pratap Jyani, Aged About

48 Years, R/o E-403, Mahima Panache, Jagatpura, Jaipur.
                                                                    ----Petitioner
                                    Versus
1.     State Of Rajasthan, Through The Principal Secretary To

       Government,              Technical         Education         Department,

       Government Of Rajasthan, Secretariat, Jaipur (Raj.)
2.     The      Principal       Secretary       To     Government,       Finance

       Department,          Government         Of     Rajasthan,     Secretariat,

       Jaipur (Raj.)
3.     The Principal Secretary To Government, Department Of

       Personnel, Government Of Rajasthan, Secretariat, Jaipur

       (Raj.)
4.     Director, Technical Education, Government Of Rajasthan,

       Jodhpur (Raj.)
                                                                 ----Respondents

For Petitioner(s) : Mr. Ashish Joshi, Adv. For Respondent(s) : Mr. Hari Kishan Saini, Adv.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order 03/03/2022

Counsel for the petitioner submitted that the issue involved

in this writ petition has been considered by the Coordinate Bench

of this Court in the matter of Vishnu Kumar & Anr. Vs. State of

Rajasthan & Ors. in S.B. Civil Writ Petition No.11932/2012 decided

on 11.08.2014 wherein it has been held as under:-

"In view of above, the writ petition deserves to be succeed and is hereby allowed. The impugned orders dated

(2 of 3) [CW-4249/2019]

27.1.2011 and 11.4.2012 are quashed and set aside. The respondents are directed to count the period of ad hoc service of the petitioners for grant of promotion as Lecturer (Senior Scale) under Career Advancement Scheme and grant them selection grade of the post and pay all consequential benefits counting their ad hoc period of service with interest @ 9% per annum.

Compliance of the judgment be made within three months from the date copy of this judgment is produced before the respondents."

Counsel further submits that the State of Rajasthan filed

D.B. Special Appeal (W) No.43/2015 against the order dated

11.08.2014 tilted as State of Rajasthan & Ors. Vs. Vishnu Kumar &

Anr. which was dismissed by the Division Bench of this court vide

order dated 13.07.2015. Counsel further submits that the

respondents have complied with the order passed by this court in

the matter of Vishnu Kumar & Anr. and granted the benefits in

compliance thereof. Counsel further submits that the petitioner is

also similarly situated person, therefore, the same benefits may

also be granted to him.

Counsel for the respondents has not disputed this fact

situation as aforesaid, of granting benefit to the similarly situated

persons.

In that view of the matter, the present writ petition is

allowed. The respondents are directed to count the period of ad

hoc service of the petitioner for grant of promotion as Lecturer

(Senior Scale) under Career Advancement Scheme and grant him

selection grade of the post and pay all consequential benefits

counting his ad hoc period of service with interest @ 6% per

annum.

(3 of 3) [CW-4249/2019]

Compliance of the judgment be made within three months

from the date copy of this judgment is produced before the

respondents.

(INDERJEET SINGH),J

JYOTI /149

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