Citation : 2023 Latest Caselaw 7887 Raj
Judgement Date : 4 October, 2023
[2023:RJ-JD:32710]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11738/2023
Lrs Of Vikram Singh, S/o Shri Jawar Singh, Through -
1. Tara Devi W/o Late Shri Vikram Singh, Aged About 62 Years, R/o Sawano Ka Bas, Pokran, District Jaisalmer.
2. Vijay Singh S/o Late Shri Vikram Singh, Aged About 42 Years, R/o Sawano Ka Bas, Pokran, District Jaisalmer.
----Petitioners Versus
1. State Of Rajasthan, Through Principal Secretary, Phed, Government Of Rajasthan, Jaipur.
2. The Chief Engineer (Administration), Government Of Rajasthan, Jaipur.
3. Chief Personnel Officer, Head Quarter, Phed, Jaipur.
4. Additional Chief Engineer, Phed, Region-Ii, Jodhpur.
5. The Superintending Engineer, Phed, Rural Circle, Jaisalmer.
6. The Executive Engineer, Phed, Rural Division - Pokaran, District Jaisalmer.
----Respondents
For Petitioner(s) : Mr. Suniel Purohit For Respondent(s) : Ms. Anjana Jawa
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
04/10/2023
Heard.
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.
Learned Single Judge of this Court, while deciding the case of
Sohanlal (supra) has relied on an earlier judgment in Sharvan
[2023:RJ-JD:32710] (2 of 2) [CW-11738/2023]
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 25.1.1992 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 this view of the matter, the instant petition is also allowed
in the same terms and the petitioner is declared entitled for the
grant of pay scale of Rs.5000-8000 instead of Rs.4000-6000 as
third selection grade. Thereafter, petitioner's pay be revised as per
the Revised Pay-Scale Rules of 2008. The needful be done within a
period of three months from today.
The stay applications also stand disposed of accordingly.
The order has been passed based on the submissions made
in the petition, the respondents would be free to examine the
veracity of the submissions made in the petition and only in case,
the averments made therein are found to be correct, the petitioner
would be entitled to the relief.
(VINIT KUMAR MATHUR),J 416-AnilSingh/-
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