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Judgment
It is submitted by learned counsel for the petitioner/s that
the present writ petition is squarely covered by the Division Bench
Judgment of this Court in Govind Dan Charan v. State of
Rajasthan & Ors .: D.B. Civil Special Appeal (Writ) No.1068/2014
decided on 17.12.2015, against which Special Leave Petition filed
by the State has also been dismissed by the Hon''ble Supreme
Court vide order dated 12.7.2016 and therefore, the writ petition
be allowed and the petitioner/s be granted relief as granted in the
case of Govind Dan Charan (supra).
Learned counsel for the respondent-State submits that
though the issue raised in the present writ petition is squarely
covered by the judgment of this Court in the case of Govind Dan
Charan (supra), however, it is submitted that as the petitioner/s
have raised the issue belatedly, the material relief to him/them be
restricted.
Reliance has been placed in the judgment of Hon''ble
Supreme Court Union of India & Ors. v. Tarsem Singh : (2008) 8
SCC 648.
In so far as the relief being claimed by the petitioner/s is
concerned, there is no dispute that the same is governed by the
law laid down by this Court in the case of Govind Dan Charan
( supra)
In so far as the plea raised by the respondents is concerned,
a Co-ordinate Bench of this Court in Ramchandra Sharma v. The
State of Rajasthan & Ors . : SBCWP No.11254/2016 decided on
7.10.2016 dealing with another writ petition of identical nature
after noticing the submissions of learned counsel for the
respondents held as under:-
"A perusal of the judgment rendered by the Apex Court in the case of Union of India (supra) shows that the same does not apply to the facts of the present case. In the present case, no third party rights have been affected. It pertains to a financial loss which is a continuing injury to the petitioners. It is apparent that in the case of Govind Dan Charan, the order has been passed on 17th December, 2015 and the orders passed in identical matters have already been implemented by the Department in the connected writ petitions."
In view thereof, the submissions made by learned counsel
appearing for the respondents regarding restricting the relief to
the petitioner/s cannot be countenanced.
Accordingly, the writ petition filed by the petitioner/s is
allowed and it is directed that the petitioner/s would be entitled to
selection grade and get fixation in the pay-scale of Rs.975-1720,
1200- 2050 and 1640-2900 (5500-9000) on completion of 9, 18 &
27 years of service respectively in terms of the judgment in the
case of State of Rajasthan v. Jagdish Narain Chaturvedi : (2009)
12 SCC 49 i.e. from the date of regular appointment.
The required exercise would be completed by the
respondents within a period of three months from the date of this
judgment.