Rajasthan High Court - Jaipur
State Of Raj And Ors vs Juned Asif on 20 December, 2017
Author: Chief Justice
Bench: Chief Justice
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 1842 / 2017
1. State Of Rajasthan Through Chief Secretary, Government
Of Rajasthan, Government Secretariat, Jaipur
(Rajasthan).
2. Secretary, Department Of Medical And Health,
Government Of Rajasthan, Government Secretariat,
Jaipur (Rajasthan).
3. The Director, Medical Health And Family Welfare
Department, Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Appellants
Versus
1. Juned Asif S/o Shri Abdul Hameed, aged about 41 years,
Plot No. 55, Kidwai Nagar, Tonk Phatak, Jaipur
(Rajasthan)
----Respondent
For Appellant(s) : Mr. Shyam Arya, AAG HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE DINESH CHANDRA SOMANI Order 20/12/2017 D.B. Civil Misc. Application No.1060/2017:
For the reasons mentioned in the application the delay in filing the appeal is condoned. The application is allowed. D.B. Special Appeal(W) No.1842/2017:
1. Other defects waived.
2. Heard learned counsel for the appellants.
3. The respondent had two claims in the writ petition. The (2 of 2) [SAW-1842 / 2017] first claim was that previous service rendered be reckoned for purposes of seniority, grant of selection scale, service rendered and gratuity. The second claim was that when he successfully cleared the selection process and was offered appointment as a Nurse Grade-II, for period of probation he had to be placed in the regular pay scale and the decision by the State Government to pay him fixed remuneration in sum of ₹10,000/- per month was illegal.
4. On the first issue the learned Single Judge has given a declaratory relief by declaring that whatever is the decision taken by the Division Bench of this Court in D.B. Civil Special Appeal(W) No.532/2016, shall bind the parties. Thus, the appellants cannot have any grievance concerning the said declaratory relief.
5. As regards the latter, in the decision dated 29.07.2015 in D.B. Civil Writ Petition No.2963/2007, Gopal Kumawat Vs. The State of Rajasthan & Ors., the view taken is that a person who is appointed against a sanctioned post after following the process of appointment, during probation period cannot be paid a fixed monthly salary. The person will be entitled to salary as per the scale applicable to the post in question. Leave to Appeal against said decision has been granted by the Supreme Court but stay has been declined. Thus, as regards this Court, this issue decided by the learned Single Judge is a covered matter.
6. Accordingly, the writ appeal is dismissed.
(DINESH CHANDRA SOMANI),J (PRADEEP NANDRAJOG),CJ KKC/6