Rajasthan High Court
Kheem Singh Panwar S/O Shri ... vs State Of Rajasthan on 27 September, 2022
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 14264/2019
Kheem Singh Panwar S/o Shri Premsingh Panwar, Aged About 63
Years, R/o 96, Chaudhary Colony, Near Saket Nagar, Beawar,
District Ajmer.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Higher Education, Govt. Of Rajasthan, Secretariat,
Jaipur.
2. The Commissioner, College Education, Dr. Radha Krishnan
Shiksha Sankul, J.l.n. Marg, Jaipur.
----Respondents
For Petitioner(s) : Mr. Lokendra Singh Shekhawat
For Respondent(s) : Mr. Aditya Sharma
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
27/09/2022
Learned counsel for the petitioner submitted that issues
involved in this writ petition has been considered and decided by a
Co-ordinate Bench of this Court in case of Ramswaroop Narwal Vs.
State of Rajasthan, CWP No.23066/2018 wherein on 22.03.2022,
following order was passed:-
Learned counsel for the petitioner
submits that the controversy involved in
this petition has already been decided by
this Court while deciding S.B. Civil Writ
Petition No.10536/2018 (Dr. Laxmi
Narayan Arya Vs. State of Rajasthan and
Anr.) on 30.09.2021 by observing thus:-
"1. This petition has been filed seeking
directions to the respondents to grant the
petitioner the benefits of Senior and
Selection Scale under the Career
Advancement Scheme (CAS) by taking into
(2 of 4) [CW-14264/2019]
account the temporary/ adhoc service of
the petitioner and ignoring the entries in
APARs which were not communicated to
the petitioner in time.
2. Learned counsel for the petitioner
submits that the controversy raised in this
petition has already been resolved in
Vishveshwar Lal Choudhary Vs. State of
Rajasthan, SB CWP No.5160/2009, decided
on 8-9- 2015and in State of Rajasthan Vs.
Milap Chand Jain[(2013) 14 SCC 562] that
the entries of APARs which were not
communicated cannot be made basis for
refusal of selection scale and for counting
the temporary service for grant of selection
scale.
3. Learned counsel appearing on behalf of
respondents is in agreement with the
submissions made on behalf of the
petitioner. He submits that the petition
maybe disposed of in terms of the orders
in case of Vishveshwar Lal Chodhary
(supra) and State of Rajasthan Vs. Milap
Chand Jain (supra).
4. In view of the consensus arrived at
between the parties, the petition is allowed
in terms of the above mentioned Orders.
Accordingly, the petition is allowed and the
petitioner shall been titled for Senior and
Selection scale and other benefits under
the CAS by taking into account his
temporary service from01.11.1980 to
08.07.1986. The APARs which were not
communicated to the petitioner shall not
be made basis for refusing the due
benefits.
5. The respondents are directed to
complete the exercise for grant the due
benefits to the petitioner within a period of
three months from the date of receipt of
certified copy of this order."
It is also submitted by counsel for the
petitioner that the respondent-State has
also preferred D.B. Special Appeal (Writ)
No.1477/2014 against the earlier orders
passed by the Single Bench and the same
were also dismissed in a batch of Special
Appeals(Writ) by the Division Bench of this
Court on 16.12.2014. Hence, the
controversy involved in this matter has
been finally decided and the same has
attained finality.
(3 of 4) [CW-14264/2019]
Per contra, learned counsel for the
respondent is not in a position to
controvert the settled position of the
judgments referred above, but he submits
that there is a break of one day in the
service of the petitioner.
In rebuttal, counsel for the petitioner
has placed reliance on a judgment
rendered by this Court in S.B. Civil Writ
Petition No. 10707/2016 (Dr. (Smt.)
Shobha Devpura Vs. State)decided on
01.12.2016, by observing thus:-
"In the present case, as admitted
by State Counsel,31.05.1981 was
Sunday. It was a holiday in the college,
therefore the petitioner could not join
on that day. Therefore, nonjoining on
the part of the petitioner on Sunday
cannot be construed as break in
service. The stand taken by the
respondents is not tenable and hence,
is rejected.
In view of the law laid down by this Court
in S.B.N. College of Education Vs.
National Council for Teacher Education &
Ors., 2016(1) WLC (Raj.) 52,present
petition is accepted and a direction is
issued to the respondents to grant
selection scale to the petitioner as per
Career Advancement Scheme w.e.f.
18.12.1991."
Learned counsel for the petitioner
submits that in the instant case also, the
last date was 31.05.1981 and on that day
there was also holiday/Sunday. Therefore,
the petitioner could not join his duties on
that day, therefore, non-joining on the part
of the petitioner on Sunday cannot be
construed as break in service. Hence, the
stand taken by the respondents is not
tenable in the eye of law and the same is
rejected.
In view of the submissions made by
counsel for both the parties, this petition is
allowed in terms of the order dated
30.09.2021 passed by this Court in the
case of Dr. Laxmi Narayan Arya (supra).
The petitioner shall be entitled for senior
and selection scale and other benefits
under the CAS by taking into account his
temporary services from 17.08.1979 to
27.11.1981.The APARs which were not
communicated to the petitioner shall not
(4 of 4) [CW-14264/2019]
be made basis for refusing the due
benefits.
The respondents are directed to
complete the exercise for grant of due
benefits to the petitioner within a period of
three months from the date of receipt of a
copy of this order.
Stay application as well as all pending
application(s) if any, also stand disposed
of."
Learned counsel for the respondents have not disputed the
statement made by the counsel for the petitioners.
In that view of the matter, this writ petition is disposed of in
view of judgment passed by a Co-ordinate Bench of this Court in
case of Ramswaroop Narwal Vs. State of Rajasthan, CWP
No.23066/2018.
The respondents are directed to comply with the judgment
within a period of three months after receiving the certified copy
of this order.
All the pending applications stand disposed of.
(INDERJEET SINGH),J
JYOTI /124
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