Rajasthan High Court - Jaipur
R S E B Officers Association vs R S E B on 18 January, 2018
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No. 1036 / 2000
The Rajasthan State Electricity Board Officers Association,
Through Shri Babulal Mishra Son of Shri K.L. Mishra, Resident of
Jaipur.
----Petitioner
Versus
1. Rajasthan State Electricity Board, Vidyut Bhawan, R.C. Dave
Marg, Jaipur Through Its Secretary.
2. Chief Accounts Officer (F&R), Rajasthan State Electricity Board,
Vidyut Bhawan, R.C. Dave Marg, Jaipur.
3. Rajasthan Rajya Vidyut Prasaran Nigam Limited, Jyoti Nagar,
Jaipur.
4. Rajasthan Rajya Vidyut Utpadan Nigam Limited, Jyoti Nagar,
Jaipur.
5. Jaipur Vidyut Vitran Nigam Limited, Jyoti Nagar, Jaipur.
6. Ajmer Vidyut Vitran Nigam Limited, Jaipur Road, Ajmer.
7. Jodhpur Vidyut Vitran Nigam Limited, Jodhpur.
----Respondents
_____________________________________________________ For Petitioner(s) : Mr.R.C.Joshi, Adv.
For Respondent(s) : Mr.Saugath Roy, Adv. _____________________________________________________ HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 18/01/2018 The petitioner in the instant case is an Association of persons working as Junior Accountant, Accountant, Assistant Accounts Officer, Accounts Officer and as such, they are aggrieved by order dated 09.12.1999 (Annex.3) where erstwhile Rajasthan State Electricity Board issued an order prescribing the selection grade for Board's employees in the Revised Pay Scales w.e.f. 01.09.1996 (2 of 2) [CW-1036/2000] and fixation of pay in such selection grades. The petition has been filed through Shri Babulal Mishra, who was member of the petitioner Association and was authorized by the Association to sign the writ petition.
The learned counsel for the petitioner, Mr.R.C.Joshi, in all fairness submitted that due to pronouncement of judgment by the Larger Bench in the case of R.S.E.B Accountant's Associations Rajasthan Vs. Rajasthan State Electricity Board, [Full Bench Civil Writ Petition NO.338/1991], decided on 30.06.1995 reported in 1995(3) WLC (Raj.) 1 wherein the Larger Bench has decided that writ petition by an Association is not maintainable, the present writ petition may not be maintainable.
Mr.Joshi submits that the cause of action of the petitioners in individual capacity still survives and the benefit of selection grade is still required to be given to the members of the petitioner Association.
The present writ petition is held not to be maintainable in view of the judgment in the case of R.S.E.B Accountant's Associations Rajasthan Vs. Rajasthan State Electricity Board (supra). However, the petitioners in their individual capacity are always at liberty to assail the decision of the R.S.E.B., as per law.
The Writ petition is, accordingly, dismissed.
(ASHOK KUMAR GAUR) J.
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