Mukeshchandra Mode Patel vs State And Ors. ...
2023 Latest Caselaw 4330 Raj

[2023/RJJD/014115]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1793/2007 Mukeshchandra Mode Patel S/o Kishanji Patel, aged about 32 years, at present working as Gramsevak-cum-Secretary, Panchayat Samiti Gadi, District Banswara.

----Petitioner Versus

1. State of Rajasthan through Secretary, Panchayati Raj Department, Jaipur.

2. Zila Parishad, Banswara through Chief Executive Officer, Banswara.

3. Panchayat Samiti Gadi through Vikas Adhikari, Panchayati Samiti Gadi, District Banswara.

----Respondent

For Petitioner(s) : Mr. Harshwardhan Thanvi for Mr. Ankur Mathur For Respondent(s) : Mr. Manish Tak Mr. Rajveer Singh

JUSTICE DINESH MEHTA Order

09/05/2023

1. Learned counsel for the petitioner submits that the

controversy involved in the present writ petition has been set at

rest by this Court vide judgment dated 29.07.2015, rendered in

the case of Jagdish Bhanoda Vs. State of Rajasthan & Ors. : S.B.

Civil Writ Petition No.773/2009.

2. In the case of Jagdish Bhanoda (supra), this Court has held

as under:-

"I considered the submissions of learned

counsel for the parties and perused the relevant orders placed on record as well as circular dated 25.1.1992.

[2023/RJJD/014115] (2 of 3) [CW-1793/2007]

It is clear from the earlier round of litigation

that this Court held that the petitioner and like persons are entitled to selection grade on completion of 9 years of service and they were held entitled to selection grade in the pay scale of 5000-150-8000. This benefit is given to all the employees with effect from completion of 9 years of service and is not dependent upon the date of order. It appears that by order dated 12.6.2008, the State Government only did what it should have done earlier and if the order is passed by the Government of giving selection scale to the petitioner from 12.6.2008, then that would result in anomaly which has been created because of the fact that the Government took decision late and on 12.6.2008.

In view of the above reasons, this writ

petition is allowed and it is held that the petitioner is entitled to benefit of selection grade in the pay scale of 5000-150-8000 on completion of 9 years of service and not from the date of order dated 12.6.2008 and all other benefits in consequence thereof.

In view of the above, fresh orders may be

passed qua the petitioner in place of the order dated 20.6.2008."

3. Mr. Manish Tak, learned counsel for the respondent- State is

not in a position to dispute the aforesaid assertion made by

learned counsel for the petitioner.

4. In view of the aforesaid, the present writ petition is allowed

and it is held that the petitioner is entitled for benefit of selection

grade in the pay scale of 5000-150-8000 on completion of 9 years

[2023/RJJD/014115] (3 of 3) [CW-1793/2007]

of service and not from the date of order dated 12.6.2008 and all

other benefits in consequence thereof.

5. The respondents are directed to pass fresh order qua the

petitioner in terms of the order instant within a period of 12 weeks

from today.

(DINESH MEHTA),J 15-Ramesh/-

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