STATE OF RAJ. Vs. ANIL ACHARYA
LAWS(RAJ)-2014-11-35
HIGH COURT OF RAJASTHAN
Decided on November 20,2014

State Of Raj. Appellant
VERSUS
Anil Acharya Respondents

JUDGEMENT

- (1.) WE have heard learned counsel appearing for the parties.
(2.) THE State of Rajasthan has given good and sufficient reasons to condone the delay in filing all the special appeals. The applications for condonation of delay are accordingly allowed.
(3.) THIS batch of special appeals have been filed by the State of Rajasthan through the Principle Secretary, Public Health and Engineering Department, Rajasthan, Jaipur; Chief Engineer (Administration), Public Health and Engineering Department, Rajasthan, Jaipur; Chief Personnel Officer, Headquarter, Public Health and Engineering Department, Rajasthan, Jaipur; and Superintending Engineer, Public Health and Engineering Department, District Circle, Jodhpur and other appellants, challenging the judgment of learned Single Judge dated 11.12.2013 and other similar judgments, by which, the writ petitions filed by the respondents to grant them semi -permanent status on the post of Store Munshi on completion of two years of service, in accordance with Rajasthan P.W.D. (B and R), including Gardens, Irrigation, Land Development (Programme) Circle C.A.D. Chambal Department Kota (including its Divisions/subdivisions) Water Works, Ayurvedic and Forest Department (excluding Departmental Operation Circle) Work -charged Employees Service Rules, 1964 (for short, 'the Rules of 1964') and to grant them all other benefits, which they are entitled for, in accordance with law. The writ petitions were allowed on 11.12.2013 on the ground that the controversy involved in the writ petition is covered by the judgments of this Court dated 19.4.1988 in D.B. Civil Writ Petition No. 1319/1987 (Kamal Kumar vs. State of Rajasthan and Ors.); dated 21.10.2009, in S.B. Civil Writ Petition No. 6423/2008 (Hem Singh and Ors. Vs. State of Rajasthan and Ors.); dated 13.12.2012 in S.B. Civil Writ Petition No. 2417/2011 (Latif Khan vs. State of Rajasthan and Ors.); and dated 03.2.2012 in D.B. Civil Special Appeal (w) No. 845/2011 (State of Rajasthan and Ors. vs. Hem Singh and Ors.). It is submitted that in all the writ petitions, giving rise to the special appeals, the facts regarding the initial appointment of the respondents are different. Most of the respondents were appointed on the post of Helper Gr. II, Beldars and in other categories of Class -IV employees, given in Schedule -II of the Rules of 1964, in the pay scale Rs. 710 -910 which has been revised in the pay scale of Rs. 775 -1025 (Helper Gr. II), and in the pay scale of Rs. 700 -865 which has been revised in the pay scale of Rs. 750 -940 (Beldar). The respondents were not given appointment initially as Store Munshi, as the post of Store Munshi is provided in Schedule -II of the Rules of 1964, in the pay scale Rs. 880 -1680 which was revised in the pay scale of Rs. 950 -1680.;


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