Rajasthan High Court - Jodhpur
Usha Kiran Goyal vs State Of Rajasthan on 10 September, 2020
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 18396/2019
Usha Kiran Goyal W/o Shri Shailendra Chouhan, Aged About 58
Years, Resident Of House No. 22, Second B Road, Sardarpura,
Jodhpur. At Present Principal, Govt. Residential Women
Polytechnic College, 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.RS Choudhary.
For Respondent(s) : Mr.Kailash Choudhary for Mr.Manish
Vyas, AAG.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 10/09/2020 In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matter in Court.
Learned counsel for the parties jointly submit that the controversy raised in the instant writ petition is no more res-
integra in view of the adjudication made in the case of Mohan Lal Purohit Vs. State of Rajasthan & Ors.: S.B. Civil Writ (Downloaded on 11/09/2020 at 08:55:13 PM) (2 of 2) [CW-18396/2019] Petition No. 18333/2019, decided on 04.09.2020, the order whereof read as follows:-
"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 :
"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."
In view of the above submission, the present writ petition is disposed of in the aforesaid terms and the same order shall apply for the petitioner also.
(DR.PUSHPENDRA SINGH BHATI), J.
155-Jitender/-
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