JAGDISH PRASAD BISHNOI Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2014-9-9
HIGH COURT OF RAJASTHAN
Decided on September 17,2014

JAGDISH PRASAD BISHNOI Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

Dr. Vineet Kothari, J. - (1.) THE writ petition has been filed by the petitioner on 16.02.2010 with the following prayers: - "i) It is, therefore, respectfully prayed that the writ petition may kindly be accepted and allowed and by an appropriate direction, order or writ in the nature of certiorari, the authorities may kindly be directed to consider the study period within the service time and to grant the salary and other consequential benefits for the period of study in Teacher's training program. ii) by an appropriate writ, order or direction the respondents be directed to consider the study period for the purpose of seniority and other consequential benefits to the petitioner. iii). By a further writ, order or direction, the Respondents be directed to revise and prepare the seniority list while taking into consideration the study period as 2001 to 2002 and 2003 to 2004 and to pay consequential benefits accruing to the petitioner in pursuance thereof; and iv). the cost of writ petition may be awarded; and v). any other appropriate order or direction which the honourable court deems fit in the circumstances of the case may be passed in favor of the petitioner."
(2.) THE petitioner was appointed on the post of Teacher Grade -III on compassionate grounds though he was not fully qualified to be posted as Teacher Grade -III vide Annexure -1 dated 13.05.1993 with the stipulation in the appointment order itself that he should undergo the requisite training for three years and on completion of the training, he will be entitled to get the regular salary with annual grade increments. The petitioner undertook the said training on being selected for training for the Sessions 1995 -96 and 1996 -97 at D.I.E.T., Chunawadh, District Sriganganagar and was directed to be relieved to remain present in the D.I.E.T. On 28.05.1995, as stated in para 6 of the writ petition. The petitioner had completed his B.S.T.C. Course to be regularly appointed on the post of Teacher Grade -III and thereafter filed the present petition with the prayers above -quoted. The learned counsel for the petitioner has relied upon a decision of the coordinate bench of this Court in the case of Chandrakanta w/o late Chandra Shekhar Vs. Government of Rajasthan & Ors. CWP No. 1664/2010 along with two other connected matters, decided on 25.01.2012 and submitted that the petitioner may be granted the benefits/reliefs as directed by this Court in the above referred judgment. Before approaching this Court, the petitioner had already served a legal notice for demand of justice on the respondents vide Annexure -11 dated 20.04.2009 but without awaiting response of the respondents thereto and decision thereon, the petitioner has filed the present writ petition.
(3.) AFTER issuance of the notices on 12.04.2010, the respondents have filed a detailed reply to the writ petition and have contested the writ petition.;


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