Rajasthan High Court
Dr. Anil Kumar Khatri S/O Shri ... vs State Of Rajasthan ... on 19 October, 2023
Bench: Anoop Kumar Dhand
[2023:RJ-JP:31117]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 8039/2019
Dr. Anil Kumar Khatri S/o Shri Bhagwan Das Khatri, Aged About
62 Years, R/o 3/23, Aravali Vihar, Alwar.
----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) : Ms. Shobha Sharma on behalf of
Mr. Sunil Kumar Jain
For Respondent(s) : Mr. Yashashvi Singh on behalf of
Mr. Aditya Sharma
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
19/10/2023
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
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.
[2023:RJ-JP:31117] (2 of 4) [CW-8039/2019]
State of Rajasthan, SBCWP 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 was 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.
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.
[2023:RJ-JP:31117] (3 of 4) [CW-8039/2019]
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, non-joining 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 10.07.1986 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
seniority and selection scale and other benefits under the CAS by
taking into account his temporary services from 09.11.1983 to
[2023:RJ-JP:31117] (4 of 4) [CW-8039/2019]
09.07.1986. The APARs which were not communicated to the
petitioner shall not 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.
(ANOOP KUMAR DHAND),J
RAJAT/226
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