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Judgment
Mr. K.L. Thakur, learned Additional Advocate General puts in appearance on behalf of respondents.
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 12.07.2016 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 has/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. : S.B.C.W.P. No. 11254/2016 decided on 07.10.2016 while 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.â€
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.