Guruprasad Rishi Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 8449 Raj

[2023:RJ-JD:34721] (1 of 2) [CW-15520/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15520/2023

Guruprasad Rishi Kumar S/o Asevadas Rishi, Aged About 56 Years, Resident Of - C/o House No. 8/17, Rajasthan Housing Board, Hanumangarh Junction, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education (Secondary, Primary And Language), Secretariat, Jaipur. Official E- Mail Id- [email protected]

2. State Of Rajasthan, Through The Director, Directorate Of Secondary Education, Rajasthan, Bikaner. Official E-Mail [email protected]

----Respondents

For Petitioner(s) : Dr. Kshamendra Mathur For Respondent(s) : Mr. Hemant Choudhary, GC Mr. Vishal Jangid, DyGC

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

12/10/2023

Learned counsel for the parties are in agreement that the

controversy involved in the present case is squarely covered by

the judgment rendered by this Court in a bunch of writ petitions

led by S.B. Civil Writ Petition No.6653/2023 (Deen Dayal

Garg V/s State of Rajasthan & Anr.) and other connected

matters decided on 24.05.2023 in the following terms :-

"In view of the discussions made above, the question framed is answered in affirmative and it is held that all these petitioners who held the promoted post on Patey Vetan basis before their regular promotions by DPC are required to be granted all the service benefits including pay etc. of the post which was held by them on

[2023:RJ-JD:34721] (2 of 2) [CW-15520/2023]

officiating promotion on the basis of Patey Vetan. It is made clear that the benefit of pay etc. will be granted to those persons only on the basis of their actual performance of work/duties on the promoted post.

Needless to say, if they were demoted, then they would not be entitled for remuneration for the period for which they have not performed the actual duties on the promoted post.

The writ petitions as also the stay petitions stand disposed of."

In view of the submission made by the learned counsel for

the parties, the present writ petition is disposed of in terms of the

judgment passed by this Court on 24.05.2023 in the case of Deen

Dayal Garg (Supra).

(VINIT KUMAR MATHUR),J 274-Vivek/-

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