Rajasthan High Court - Jodhpur
Anandi Lal Chouhan vs State Of Rajasthan & Ors on 29 January, 2018
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1164 / 2018
Anandi Lal Chouhan S/o Shri Mohan Lal Chouhan, Aged About 45
Years, R/o 43, Rajshree Colony Vinayak Nagar Bohra Ganesh Ji
Dist. Udaipur.
----Petitioner
Versus
1. State of Rajasthan Through the Secretary Cum Commissioner,
Rural Development and Panchayati Raj Department, Government
of Rajasthan, Jaipur.
2. The Chief Executive Officer, Zila Parishad, Udaipur.
3. The Vikas Adhikari, Panchayat Samiti Bhinder, District Udaipur.
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. Dilip Sharma
For Respondent(s) : Mr. K.S. Solanki for Mr. Manish Patel
_____________________________________________________
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 29/01/2018 Mr. Manish Patel, learned counsel puts in appearance on behalf of the respondents, service is, therefore, complete.
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 Co-ordinate 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 (2 of 3) Bhanoda. Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.773/2009).
Learned counsel for the respondents does not dispute this position.
The prayer made in the instant writ petition is for grant of 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.
(3 of 3) In case, the petitioner is found entitled to any monetary/terminal benefits, the same shall be granted to them 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.
(ARUN BHANSALI)J. A.K. Chouhan/-56