Jai Kishan Bhargav vs State Of Raj. And Ors. ...
2023 Latest Caselaw 1612 Raj

[2023/RJJD/004584] (1 of 2) [CW-10312/2012]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 10312/2012

Jai Kishan Bhargav

----Petitioner Versus State Of Raj. And Ors.

                                                                  ----Respondent


For Petitioner(s)          :     Mr. VK Agarwal
For Respondent(s)          :     Mr. Rishi Soni for Mr. Pankaj Sharma,
                                 AAG

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

09/02/2023

It is submitted by learned counsel for the parties that the

controversy involved in the present writ petition is squarely

covered by a decision rendered in Sohanlal Mathur Vs. State of

Rajasthan & Ors. : S.B. Civil Writ Petition No.3631/2008,

decided on 17.11.2008, which has been affirmed by Apex Court in

SLP (Civil) No.14932/2012.

This Court, while deciding the case of Sohanlal (supra) has

relied on an earlier judgment in Sharvan Kumar Vs. State of

Rajasthan & Ors. (S.B. Civil Writ Petition No.2156/2007, decided

on 05.09.2008). The Court held :-

"In view of whatever said above, this petition for writ deserves acceptance and, therefore, the same is allowed. The respondents are directed to allow selection grade to the petitioner on completion of 18 years of service as per para 5 of the notifications dated

[2023/RJJD/004584] (2 of 2) [CW-10312/2012]

25.01.1992 and 17.02.1998. The petitioner is declared entitled for getting the pay scale of Rs.1400-2600 (Rs.5000-8000) as second selection grade on completion of 18 years of service and the pay scale of Rs.5500-9000 on completion of 27 years of service as the third selection grade. The entitlement as declared above is required to be executed by the respondents within a period of six months from today."

In view of the above, the instant writ petition is disposed of

in terms of the judgment passed in Sohanalal Mathur (supra) to

the extent of third selection pay-scale on completion of 27 years

of service to the petitioner. Such compliance shall be done within a

period of three months from today including the pensionary

benefits, strictly in accordance with law. In case any grievances

remains, the petitioner shall be at liberty to approach this Court

again.

All pending applications also stand disposed of.

(DR.PUSHPENDRA SINGH BHATI),J 8-Sudheer/-

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