Rajasthan High Court - Jaipur
Arun Prakash Bhana And Ors vs State (Technical Education Dep)Ors on 26 August, 2013
Author: M.N. Bhandari
Bench: M.N. Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. CIVIL WRIT PETITION NO.8583/2011 (Arun Prakash Bhana & Ors. Vs. State of Rajasthan & Ors.) AND S.B. CIVIL WRIT PETITION NO.8447/2011 (Badri Lal Soni Vs. State of Rajasthan & Ors.) AND S.B. CIVIL WRIT PETITION NO.9857/2011 (Mukesh Kumar & Ors. Vs. State of Rajasthan & Ors.) AND S.B. CIVIL WRIT PETITION NO.9992/2011 (Vivek Saxena & Ors. Vs. State of Rajasthan & Ors.) AND S.B. CIVIL WRIT PETITION NO.17445/2012 (Dr. Rekha Rani Vs. State of Rajasthan & Ors.) AND S.B. CIVIL WRIT PETITION NO.17446/2012 (Dr. Sharad Maheshwari & Anr. Vs. State of Rajasthan & Ors.) AND S.B. CIVIL WRIT PETITION NO.17953/2012 (Jeetendra Kumar Deegwal & Ors. Vs. State of Rajasthan & Ors.) AND S.B. CIVIL WRIT PETITION NO.18076/2012 (Prof. (Dr.) Reena Dadhich Vs. State of Rajasthan & Ors.) Date of Order : 26th August, 2013 HON'BLE MR. JUSTICE M.N. BHANDARI Mr.Virendra Lodha, Sr. Adv. with Mr.Ankit Jain and Dr.Saugath Roy ] Mr.Amardeep Atwal ] Mr.D.P.Sharma ] Mr.Kapil Bardhar ], for the petitioner/s. Mr.S.C.Purohit, Addl.GC Mr.Sandeep Saxena, for the applicant/s. Mr.Kishore Gour for Mr.Bharat Vyas for the respondent/s. BY THE COURT:
Heard on application for impleadment.
Learned counsel for the applicant/s submits that a another writ petition is pending before this Court where promotion of the petitioners is under challenge. In view of above, petitioners should not be granted fixation in the pay scale of Rs.37400-67000 with pay grade of Rs.9000/-. It is for want of eligibility.
Learned counsel for the applicant/s could not satisfy as to how his rights would affect if higher pay scale is allowed to the petitioners, inasmuch as, if promotion of the petitioners is under challenge and writ petition is allowed, it will have its consequence but for that reason, the person earlier promoted and continued and in few cases, even retired, cannot be denied benefit as admissible to his counterparts. It is moreso when, similar writ petition has already been allowed. This Court cannot take different view than taken by the Coordinate Bench. The applicant is having no locus to challenge the claim made herein by the petitioners, however, it is clarified that direction in the present writ petitions will not affect the issue raised by the applicant in his writ petition where the issue is quite different than herein.
With the aforesaid observations, the application is disposed of. The applicant is thus not required to be impleaded as a party herein.
Heard learned counsel for the parties on the writ petitions.
It is stated that against the same order and department, writ petitions were preferred before the Principal Seat at Jodhpur and the same have been allowed. As per information, special appeal has not been preferred against the said order.
In view of above and as I cannot take different view than taken by the Coordinate Bench in regard to same matters, these writ petitions are allowed and ordered to be governed in terms of the judgments in the case of Rakesh Goyal & Ors. Vs. State of Rajasthan & Ors. in SB Civil Writ Petition No.7607/2012 and in the case of Shashwat Kumar Gaur & Ors. Vs. State of Rajasthan & Ors. in SB Civil Writ Petition No.12884/2012 decided on 13.05.2013.
(M.N. BHANDARI), J.
S/No.270-278 Preety, Jr.P.A. All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Preety Asopa Jr.P.A.