The State Of Rajasthan vs Jawad Ahmed Usmani ...
2025 Latest Caselaw 5822 Raj

Rajasthan High Court - Jodhpur

The State Of Rajasthan vs Jawad Ahmed Usmani ... on 31 January, 2025

Author: Manindra Mohan Shrivastava

Bench: Manindra Mohan Shrivastava

[2025:RJ-JD:6189-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 1258/2024

1. The State Of Rajasthan, Through The Secretary, Department Of State Insurance And Provident Fund, Government Of Rajasthan, Jaipur.

2. The Director, State Insurance And Provident Fund, Jaipur.

3. The Joint Director, State Insurance And Provident Fund, Jodhpur Rural, Jodhpur.

----Appellants Versus Jawad Ahmed Usmani S/o Shri Wasiuddin, 162, Gulab Nehru Colony, In Front Of Ship House, Jodhpur.

----Respondent

For Appellant(s) : Mr. Mahaveer Bishnoi, AAG with Mr. Harshwardhan Singh Mr. N.S. Rajpurohit, AAG with Mr. Sher Singh Rathore For Respondent(s) : --

HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE JUSTICE CHANDRA PRAKASH SHRIMALI

Order

31/01/2025

1. Heard on admission.

2. The submission of learned State counsel is that in view of the

judgment of the Hon'ble Supreme Court in the case of State of

Rajasthan Vs. Jagdish Narayan Chaturvedi [2009 (2) RLW

1481 (SC)], the services rendered by the respondent prior to his

regularisation could not be counted for the purpose of grant of

selection grade.

3. It is not in dispute that the respondent had earlier filed a

petition before the Rajasthan State Service Appellate Tribunal

[2025:RJ-JD:6189-DB] (2 of 2) [SAW-1258/2024]

claiming benefit of services rendered from the date of initial

appointment till the date of regularisation for the purpose of grant

of higher pay scale. That petition was allowed by the Tribunal. The

writ petition filed by the State was dismissed. Writ appeal was also

dismissed. The State filed SLP and that too was dismissed.

4. It is well settled that any subsequent judicial pronouncement

would not affect the case, which has already been decided and

rights of the parties are crystallised. The order passed in the case

of respondent as against the appellants operates as res-judicata.

5. Therefore, the appeal is sans-substratum and the same is

dismissed accordingly.

(CHANDRA PRAKASH SHRIMALI),J (MANINDRA MOHAN SHRIVASTAVA),CJ

12-pooja/-

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