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Mohan Lal Paliwal S/o Sh. Prannath vs State of Rajasthan

Rajasthan High Court · Decided on 11 May 2017 · Citation: (2017) 05 RAJ CK 0054

HON’BLE JUDGES
Dinesh Mehta
CASE NUMBER
5301 of 2017

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Judgment

39 paragraphs · 340 words
1.

Heard.

2.

Learned counsel for the petitioner states that the

controversy involved in the instant writ petition is squarely

covered by the order dated 3.4.2015 passed by a Coordinate

Bench of this Court in a bunch of writ petitions led by S.B. Civil

Writ Petition No.3141/2015 (Jagdish Chandra Khatik & Ors. Vs.

State of Rajasthan & Ors.) which were decided in light of the

judgment dated 29.7.2009 rendered in the case of Jagdish

Bhanoda. Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition

No.773/2009).

3.

Learned counsel for the respondents does not dispute this

position.

4.

The prayer made in the instant writ petition is for grant of

first selection scale to the petitioners upon completion of 9, 18 &

27 years of service in the pay scale of Rs.5000-150-8000 with

consequential benefits including fixation of pay and arrears.

5.

Upon having examined the facts of the case at hand in

context to the factual matrix examined by this Court in Jagdish

Bhanoda''s case which judgment was later on affirmed uptil the

Supreme Court, this Court is satisfied that the controversy

involved in the instant writ petition is squarely covered by the said

judgment.

6.

Accordingly, the instant writ petition is disposed of requiring

the petitioner to submit a detailed representation to the

appropriate authority for ventilating his grievances along with a

copy of this order. Upon such representation being received, the

appropriate authority shall objectively consider and decide the

same in light of ratio of the judgment rendered by this Court in

Jagdish Bhanoda. Vs. State of Rajasthan & Ors. (S.B. Civil Writ

Petition No.773/2009) by a reasoned speaking order within a

period of eight weeks from the date of receipt of such

representation.

7.

In case, the petitioner is found entitled to any

monetary/terminal benefits, the same shall be granted to him

immediately.

8.

If after the disposal of the representation, any of the

petitioner''s grievances still survives, he shall be at liberty to take

recourse to appropriate legal remedy.

9.

No order as to cost.