Citation : 2022 Latest Caselaw 11557 Raj
Judgement Date : 16 September, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13803/2022
1. Pankaj Munjral S/o Shri Subhash Chandra Munjral, Aged About 44 Years, R/o 3-124,, Housing Board, Sri Ganganagar, District Sri Ganganagar (Raj.).
2. Makkhan Singh S/o Shri Ajmer Singh, Aged About 57 Years, R/o Village 5 K, Dakkhana Mirjewala, Tehsil And District Sri Ganganagar (Raj.).
3. Ashok Kumar Godara S/o Shri Laxman Ram, Aged About 49 Years, R/o P.o. Sardarpura Jeevan, Tehsil Sadulsahar, District Sri Ganganagar (Raj.).
----Petitioners Versus
1. The 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.
4. The Vikas Adhikari, Panchayat Samiti Padampur, District Sri Ganganagar (Raj.).
5. The Vikas Adhikari, Panchayat Samiti Karanpur, District Sri Ganganagar (Raj.).
6. The Vikas Adhikari, Panchayat Samiti Sadulsahar, District Sri Ganganagar (Raj.).
----Respondents
For Petitioner(s) : Mr. J.S. Bhaleria.
Mr. Deepak Pareek.
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
16/09/2022
Heard.
(2 of 3) [CW-13803/2022]
Learned counsel for the petitioners submitted 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 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
(3 of 3) [CW-13803/2022]
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 survive, they 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
petitioners would be entitled to the relief.
(ARUN BHANSALI),J 301-PKS/-
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