Smt.Ayodhya Devi vs State And Ors. ...
2023 Latest Caselaw 3128 Raj

[2023/RJJD/010158]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4729/2006

Smt. Ayodhya Devi, aged about 50 years W/O late Madan Lal Saini, resident of near Sheetla Mata Mandir, Kaga, Jodhpur, presently working as Class IV employee at Govt. Secondary School, Basni Tamboliya, Jodhpur.

----Petitioner Versus

1.The State of Rajasthan through Secretary, Department of Education, Government of Rajasthan, Jaipur.

2.The Director, Primary Education, Bikaner.

3.The District Education Officer (Elementary Education), Jodhpur.

                                                                 ----Respondent


For Petitioner(s)         :     Mr. NR Choudhary
For Respondent(s)         :     Mr. K.K.Bissa



                      JUSTICE DINESH MEHTA

                                     Order

17/04/2023

1. By way of present writ petition, petitioner has prayed that

the benefit of selection grade be granted to the petitioner from the

date of initial appointment (17.02.1981).

2. Mr. Bissa, learned counsel for the respondents, on the other

hand, submitted that in light of the judgment dated 08.05.2009 of

Hon'ble the Supreme Court rendered in the case of State of

Rajasthan & Ors. Vs. Jagdish Narain Chaturvedi : Civil

Appeal No.3620/2009 [2009(2) RLW 1481 (SC)], the petitioner

is entitled for benefits only from the date of regularization and not

from the date of initial appointment.

[2023/RJJD/010158] (2 of 2) [CW-4729/2006]

3. The controversy has been set at rest and it is now settled

that an employee will be entitled for benefit of selection scale from

the date of regularization.

4. The present writ petition is disposed of with a direction to the

petitioner to file a representation before the competent authority

of the respondents along with requisite documents.

5. The competent authority shall consider the same and grant

benefit of selection grade in accordance with law, including the

judgment passed by Hon'ble the Supreme Court in the case of

Jagdish Narain Chaturvedi (supra) and circular of the State

Government issued in this regard.

6. The requisite orders in accordance with law be passed within

a period of three months of making representation alongwith

certified copy of the order instant.

7. All interlocutory applications stands disposed of accordingly.

(DINESH MEHTA),J 21-akansha/-

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