Rajasthan High Court - Jodhpur
Babu Lal Kadela vs State Of Rajasthan ... on 7 October, 2023
Bench: Vinit Kumar Mathur
[2023:RJ-JD:33501]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11670/2023
Babu Lal Kadela S/o Alsi Ram Kadela, Aged About 50 Years, R/o
B-150, Kata Khaturiya Colony, Bikaner (Rajasthan)
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary To The
Government, Rural Development And Panchayati Raj
Department, Government Of Rajasthan, Secretariat,
Jaipur
2. Chief Executive Officer, Zila Parishad, Bikaner.
3. Development Officer, Panchayat Samiti, Bikaner District
Bikaner
----Respondents
For Petitioner(s) : Mr. Mukesh Vyas
For Respondent(s) :
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
07/10/2023
Heard.
Learned counsel for the petitioner states that the controversy
involved in the instant writ petition is squarely covered by the
order dated 3.4.2015 passed by a Coordinate Bench of this Court
in a bunch of writ petitions led by S.B. Civil Writ Petition
No.3141/2015 (Jagdish Chandra Khatik & Ors. Vs. State of
Rajasthan & Ors.) which were decided in light of the judgment
dated 29.7.2009 rendered in the case of Jagdish Bhanoda. Vs.
State of Rajasthan & Ors. (S.B. Civil Writ Petition No.773/2009).
The prayer made in the instant writ petition is for grant of
[2023:RJ-JD:33501] (2 of 3) [CW-11670/2023]
first selection scale to the petitioner upon completion of 9 years of
service in the pay scale of Rs.5000-150-8000 with consequential
benefits including fixation of pay and arrears.
Upon having examined the facts of the case at hand in
context to the factual matrix examined by this Court in Jagdish
Bhanoda's case which judgment was later on affirmed uptil the
Hon'ble Supreme Court, this Court is satisfied that the controversy
involved in the instant writ petition is squarely covered by the said
judgment.
Accordingly, the instant writ petition is disposed of requiring
the petitioner to submit a detailed representation to the
appropriate authority for ventilating his grievances along with a
copy of this order. Upon such representation being received, the
appropriate authority shall objectively consider and decide the
same in light of ratio of the judgment rendered by this Court in
Jagdish Bhanoda Vs. State of Rajasthan & Ors. (S.B. Civil Writ
Petition No.773/2009) by a reasoned speaking order within a
period of eight weeks from the date of receipt of such
representation.
In case, the petitioner is found entitled to any
monetary/terminal benefits, the same shall be granted to him
immediately.
If after the disposal of the representation, any of the
petitioner's grievances still survives, he shall be at liberty to take
recourse to appropriate legal remedy.
No order as to costs.
[2023:RJ-JD:33501] (3 of 3) [CW-11670/2023]
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
10-/Vivek/-
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