N.D. BHOOTARA Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2021-1-162
HIGH COURT OF RAJASTHAN
Decided on January 11,2021

N.D. Bhootara Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

SANGEET LODHA, RAMESHWAR VYAS, J. - (1.) This review petition has been filed by the petitioners seeking review of order dated 17.9.13 passed by a Bench of this Court, whereby the writ petition preferred by the petitioners claiming third selection grade in the pay scale of Rs.8000-13500 was partly allowed in the following terms: '29. In this conspectus of facts, in terms of the notification dated 25.1.1992/17.2.1998, as the case may be, the Court masters, in terms of paragraphs 2(iii), 4(iii) and 5, the serving Court masters with pay scale of Rs.5500-9000 would be entitled to the third selection grade of Rs.6500-10500. 30. In view of the interpretation of paragraphs 2(iii), 4(iii) and 5, we are unable to extend our concurrence to the claim of the pay scale of Rs.8000-13500 made by the petitioners or that of Rs.10,000-15200 of the Assistant Registrar before the pay revision. The relevant notification(s) having limited the third selection grade in conformity with the stipulations embodied therein, any claim based thereon has to abide by the same. 31. The upshot of the above determination is thus that the appointment of a Stamp Reporter to the post of Court Master is not a promotion under the relevant Service Rules and the petitioners would be entitled to the selection grade in the pay scale of Rs.6,500-10,500 as stipulated by the notification dated 25.1.1992/17.2.1998 on completion of 27 years of service. However, in computing and releasing the actual financial benefits, the date of conferment of gazetted status to the post of Court Master would be the cut off date therefor, having regard to the ambit of applicability of the notification dated 25.1.1992/17.2.1998, as the case may be. The actual relief of third selection grade would, thus, stand limited upto 2.3.2009. The challenge to paragraphs 2(iii), 4(iii) and 5 is negated. The petition is allowed to the extent indicated hereinabove.'
(2.) Being aggrieved by the judgment restricting the grant of third selection grade in the pay scale of Rs.6500-10500 instead of Rs.8000-13500, the petitioners preferred Special Leave Petition (SLP) before the Hon'ble Supreme Court being SLP (Civil) No.5932/2014 'Suresh Kumar and Ors. v. State of Rajasthan and Anr.'. The State also preferred SLPs against the said judgment. While, the notices were issued in the SLP filed by the petitioners, the SLPs preferred by the State were dismissed by the Supreme Court vide order dated 10.3.2014, observing that since all the issues will be examined in the SLP filed by the petitioners, there is no necessity to examine the issue in the SLP filed on behalf of the State Government. The SLP preferred by the petitioners and other SLPs preferred by the State of Rajasthan arising out of the order passed in other writ petitions by this Court, were dismissed by the Supreme Court by a common order dated 22.01.2015. The review petition filed by the State seeking review of order dated 22.01.2015 was also dismissed by the Supreme Court vide order dated 26.07.2016. It is stated that the review petition filed on behalf of the petitioners seeking review of order dated 22.01.2015 was dismissed for non prosecution/non removal of the defects. Suffice it to say that the order under review dated 17.9.2013 has attained finality.
(3.) The present review petition was filed by the petitioners seeking review of the order dated 17.9.2013 before this Court on 12.9.2017, which is reported to be barred by limitation for 1452 days. It is accompanied by an application seeking condonation of delay.;


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