Rajasthan High Court - Jodhpur
Chandra Prakash Panwar vs State Of Rajasthan And Ors. on 2 April, 2014
Author: Vineet Kothari
Bench: Vineet Kothari
S.B. Civil Writ Petition No.2333/2014
Chandra Prakash Panwar V/s State of Rajasthan and ors.
Order dt: 2/4/2014
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
ORDER
S.B. Civil Writ Petition No.2333/2014
Chandra Prakash Panwar V/s State of Rajasthan and ors.
Date of Order ::: 2nd April, 2014
PRESENT
HON'BLE Dr. JUSTICE VINEET KOTHARI
Appearance:
Mr.Deelip Sharma , for the petitioner.
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BY THE COURT:
1. The petitioner has filed the present writ petition with the following prayers:
"It is, therefore, humbly prayed that the writ petition may kindly be allowed and by a suitable writ, order or direction Hon'ble Court may be pleased that :
(a) the impugned order dated 9.9.2013 (Annex9) may kindly be quashed and set aside and the petitioner may kindly be given the pay and other consequential benefits S.B. Civil Writ Petition No.2333/2014 Chandra Prakash Panwar V/s State of Rajasthan and ors.
Order dt: 2/4/2014 2/3 of Gram Sewak w.e.f. 20.12.2002.
(b) The seniority list may also be revised according to his date of his semi permanent status in the PWD Department i.e. 6.11.1993.
(c) The respondents may also kindly be directed for promotion of the petitioner as per his seniority.
(d) Any other appropriate, writ order or direction, which this Hon'ble Court thinks fit may kindly be passed in favour of the petitioner.
(e) Award cost of this writ petition to the petitioner."
2. The petitioner has approached this Court for his pay fixation on the post of Gram Sewak in the respondent - Panchayati Raj Department.
3. The learned counsel for the petitioner relying upon the decision of Division Bench of this Court in the case of Prashant Vohra and anr. V/s State of Rajasthan and ors. reported in 2005(1) WLC (Raj.) 264 submitted that the petitioner was already absorbed as Gram Sewak way back in the year 2003 and therefore, grant of regular pay scale by the order Annex.9 dtd.11.9.2013 on the ground that he was absorbed from the work charge category of employees is not correct and the benefit of pay fixation should have been given from the initial S.B. Civil Writ Petition No.2333/2014 Chandra Prakash Panwar V/s State of Rajasthan and ors.
Order dt: 2/4/2014 3/3 date of absorption.
4. In the facts and circumstances of the case, the petitioner is expected to approach the respondent - Department relying upon the aforesaid decision and the said respondent is expected to decide his representation by speaking order. It is only if the petitioner is aggrieved by such adverse order, if any passed against him that he can approach this Court for appropriate remedy in the matter, otherwise, the present writ petition is premature.
5. Accordingly, the present writ petition is disposed of as premature with a liberty and direction to the petitioner to approach the respondents by filing representation and the respondents are directed to decide the representation of the petitioner. No order as to costs. A copy of this order be sent to the parties concerned forthwith.
(Dr. VINEET KOTHARI), J.
ss/-
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