Rajasthan High Court - Jaipur
Madan Lal vs The Commissioner Elementary Ed on 15 February, 2013
Author: M.N. Bhandari
Bench: M.N. Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH [1] S.B. Civil Writ Petition No.3013/2009 Phoolchand Versus The Commissioner, Elementary Education & Ors. [2] S.B. Civil Writ Petition No.1374/2009 Ramniwas Versus The Commissioner, Elementary Education & Ors. [3] S.B. Civil Writ Petition No.1375/2009 Bane Singh Versus The Commissioner, Elementary Education & Ors. [4] S.B. Civil Writ Petition No.1379/2009 Madan Lal Versus The Commissioner, Elementary Education & Ors. [5] S.B. Civil Writ Petition No.1380/2009 Babu Lal Yadav Versus The Commissioner, Elementary Education & Ors. [6] S.B. Civil Writ Petition No.11437/2009 Raghuveer Singh Versus The State of Rajasthan & Ors. DATE OF ORDER : 15/02/2013 HON'BLE MR. JUSTICE M.N. BHANDARI Mr. Mahendra Singh Gurjar, for petitioners Ms. Priyanka Pareek, Dy. Govt. Counsel, for respondents
*** With the consent of the parties, all the writ petitions have been heard finally.
The petitioners are aggrieved by the denial of selection scale by counting their length of service from the initial date of appointment. This is more so when their services were regularized from the initial date of appointment. The respondents are counting length of service from the date of order of regularization of the services. Accordingly, action of the respondents for denial of selection scale by counting length of service from the date of initial appointment becomes illegal.
Learned counsel for respondents, on the other hand, submits that order for regularizing services of the petitioners was passed by an incompetent authority, thus benefit of selection scale has been counted from the date of order treating them to be regular. Accordingly, there is no illegality in their action.
I have considered the submissions made by learned counsel for parties and perused the record.
On perusal of the record, I find that petitioners' initial appointment is in the year 1985 & 1986 respectively and thereafter, their services were regularized from the initial date of appointment. In the background aforesaid, respondents cannot deny benefit of service from the date it is regularized.
The only argument is that the order has been passed by the incompetent authority but the respondents could not show its withdrawal or cancellation by the competent authority.
In the background aforesaid, date of regularization of petitioners' service is from the date of their initial appointment itself.
In view of the discussion made above, petitioners are held entitled to selection scale by counting their length of service from the date of their initial appointment. It is accordingly ordered. Consequential benefits for selection scale may accordingly be calculated and be granted within a period of three months.
All the writ petitions are accordingly allowed with the aforesaid. Second stay applications stand disposed of.
[M.N.BHANDARI], J.
FRBOHRA/3013CWP2009.doc Certificate:
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
FATEH RAJ BOHRA, P.A