Rajasthan High Court - Jaipur
Jodhraj Singh Choudhary And Ors vs State Of Raj And Ors on 29 May, 2018
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writs No. 11250/2018
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For Petitioner(s) : Mr. Jodhraj Singh Choudhary, Mr.
Lekhraj, present in person.
For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 29/05/2018 The petitioners, present in person, at the very outset, submits that the controversy involved herein has already been considered by this Court in a batch of writ applications lead case being SBCWP No. 6104/2017: Lalchand Saini Vs. State of Rajasthan & Ors., decided on 17th May, 2017, holding thus:
"The question that needs to be adjudicated is whether none grant of higher emoluments (2 of 3) [CW-11250/2018] would render the prescription of selection grade otiose?
The factual matrix in a batch of writ applications is substantially identically for the petitioner(s) have been denied higher pay scale despite promotion owing to contemplation under the Rules. The controversy has already been considered and adjudicated upon in the cases referred to and relied upon by the counsel for the petitioner(s).
Learned counsel appearing on behalf of the State respondents has reiterated the same assertions as were advanced in the case of Chhiter Mal Meena (supra). Grant of same pay scale on completion of 9, 18 and/or 27 years of service would be an illusion for such benefit or grant of selection grade would be contrary to the spirit of the Circular/Notification dated 25th January, 1992 and 17th February, 1998. The Coordinate Bench took note of the purposive interpretation of paragraph No.4 and 5 of the Circulars as adopted by the Division Bench so also by the Hon'ble Supreme Court while declining challenge to the determination made by the Rajasthan Civil Services Appellate Tribunal in the case of Chhiter Mal Meena (supra).
During the course of arguments, learned counsel for the petitioners produced a copy of the communication dated 20th November, 2015, wherein the State-respondents have taken conscious decision to implement the directions in the case of Chhiter Mal Meena (supra). I see no good reason to take a view contrary than the one that has been arrived at in the case of Sohanlal Mathur, Sharvan Kumar, and Chhiter Mal Meena (supra). In the result, the writ applications succeed and are hereby allowed.
The State-respondents are directed to accord first, second and third selection scales, as the case may be, on completion of 9, 18 and 27 years of service to the petitioner(s). Compliance of this order be ensured by the respondents within two months from the date a certified copy of this order is presented. A copy of order be placed in each of the file."
(3 of 3) [CW-11250/2018] The petitioners, present in person, therefore, prays for disposal of the writ application in terms of the order supra.
In view of the statement made, the instant writ application is disposed off, in terms of the order passed in the case of Lalchand Saini (supra).
(ASHOK KUMAR GAUR),J A.Kumar/34