RAM KUMAR MEENA Vs. STATE
LAWS(RAJ)-2011-11-45
HIGH COURT OF RAJASTHAN
Decided on November 25,2011

RAM KUMAR MEENA Appellant
VERSUS
STATE Respondents

JUDGEMENT

BHANDARI, J. - (1.) SINCE controversy involved in these writ petitions is same, thus heard and decided by this common order.
(2.) BY these writ petitions, a challenge has been made to the order dated 23.9.201 whereby after withdrawing benefit of 3rd ACP, a direction has been i issued for re-fixation. It is stated that after appointment of the petitioners on the post of CJass-IV employee, promotion was given on the post of L.D.C. followed by further promotion to the post of U.D.C. the benefit of one selection scales was given thereafter. The petitioners were further given benefit of 3rd ACP vide order dated 13.1.2009 at Annexure-1. They were served with a show cause notice as to why benefit of 3rd ACP may not be withdrawn with consequence of recovery for which separate proceedings would be initiated. A reply to the said show cause notice was given indicating that as per the circular dated 17.2.1998 and the subsequent circular dated 31.12.2009, petitioners are entitled to 3rd ACP, as benefit aforesaid has to be given by treating them to be appointee on the post of L.D.C. The respondents, however, failed to consider the circulars and passed the impugned order.
(3.) I have considered the submissions made and perused the record carefully.;


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