Rajasthan High Court - Jodhpur
Mohan Lal Purohit vs State Of Rajasthan on 4 September, 2020
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18333/2019 Mohan Lal Purohit S/o Late Shri Pratap Mal Purohit, Aged About 61 Years, Resident Of 11/22, Chopasani Housing Board, Jodhpur.
----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Department Of Technical Education, Government Of Rajasthan, Secretariat, Jaipur.
2. The Principal Secretary, Department Of Finance, Government Of Rajasthan, Secretariat, Jaipur.
3. The Director, Technical Education Department Rajasthan, Jodhpur.
4. The Joint Director, Department Of Pension And Pensioners Welfare, Jodhpur.
5. The Chief Accounts Officer, Directorate Of Technical Education, Rajasthan, Jodhpur.
----Respondents For Petitioner(s) : Mr. R. S. Choudhary For Respondent(s) : Mr. Kailash Choudhar for Mr. Manish Vyas, AAG JUSTICE DINESH MEHTA Order 04/09/2020
1. Mr. R. S. Choudhary, learned counsel for the petitioner, submits that the issue involved in the present matter is squarely covered by the judgment dated 13.05.2013 rendered by this Court in the case of Rakesh Goyal & Ors Vs. State of Rajasthan & Ors (SB Civil Writ Petition No.7607/2012) wherein this Court has held as under :
(Downloaded on 04/09/2020 at 08:39:06 PM)(2 of 2) [CW-18333/2019] "The petition for writ, thus, deserves acceptance. Accordingly, the same is allowed. The decision of the respondents to de-fix the petitioners from the pay- scale of Rs.37,400-67,000 with academic grade-pay of Rs.9000/- is declared illegal. The petitioners are entitled to be fixed in the pay-scale prescribed for the post of Head of Department/Assistant Directors i.e. of Rs.37,400-67,000 with academic grade pay of Rs.9000/-. No order as to cost."
2. Mr. Kailash Choudhary, learned counsel for the respondents, is not in a position to dispute the above referred statement of learned counsel for the petitioner.
3. In view of the aforesaid, the writ petition is also allowed.
4. The impugned order dated 19.04.2012 (Annex.6) is, hereby, quashed and set aside.
5. The petitioner is declared entitled to be fixed in the pay-scale prescribed for the post of Head of Department/Assistant Directors i.e. of Rs.37,400-67,000 with academic grade pay of Rs.9000/-.
6. No order as to cost.
(DINESH MEHTA),J 219-A.Arora/-
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