JUDGEMENT
Nirmaljit Kaur, J. -
(1.) ALL the above mentioned writ petitions shall stand disposed of by this common order as the issue involved is identical.
(2.) THE prayer in the present petitions is to grant the benefit of regular pay scale applicable to the petitioners; further to allow the benefits of third selection grade to the petitioners on completion of 27 years of service, with all consequential benefits. It is contended that SBCWP No. 6909/2006 titled as Chandra Shekhar vs. State of Rajasthan & Ors. was disposed of with a direction to the respondents to comply with the judgment passed by the Rajasthan Civil Service Appellate Tribunal. Some of the similarly situated persons filed Appeal No. 351/1991 before the Rajasthan Civil Services Appellate Tribunal, Jaipur. The said appeal was allowed by the Tribunal vide order and judgment dated 25th February, 2002 with a direction to grant first, second and third selection grades after completion of 9, 18 and 27 of service respectively. The said judgment was challenged before this Court in CWP No. 4627/2005. The same was dismissed vide order dated 21.09.2005. The State challenged the order passed by the learned Single Bench before the Division Bench in Civil Appeal (Writ) No. 994/2011. The said appeal was also dismissed vide order and judgment dated 11.1.2011. The order of the Tribunal became final. Meanwhile, the petitioner filed another writ petition No. 6909 of 2006 seeking direction for compliance of the judgment rendered by the learned Single Bench. The same was also disposed of in the terms of earlier judgment of Single Bench. However, the order of Single Bench was challenged before the Division Bench and this time Division Bench remanded back the matter to the Single Bench to decide afresh on the basis of circular dated 16.3.2002. Thereafter, the Single Bench vide order dated 28.1.2013 decided the Civil Writ Petition No. 1633/2012 titled as Vijay Pal Dabi vs. State of Rajasthan & Ors. along with 103 other connected mattes. All these petitions were allowed as under: -
"In view of above, the present writ petition is allowed and the respondents are directed to fix the selection grades of the petitioners in the first, second and third selection grades in the pay scales of 975 -1720, 1200 -2050, 1640 -2900 on completion of 9, 18 and 27 years of service respectively from their initial date of appointment. The exercise shall be completed within a period of two months from today."
(3.) THEREAFTER , the State filed Civil Appeals (Writ) No. 382/2013 and 16 other appeals including the case of Vijay Pal Dabi (Supra). The Division Bench allowed the appeals in the following terms: -
"In the above view of the matter, we find substantial merit in the present appeals. The impugned judgments and orders are thus set aside. We make it clear that by the determination herein the aspect of entitlement to the selection grades scales of pay on completion of 9, 18 and 27 years of services on the basis of the legal proposition as propounded in Jagdish Narain Chaturvedi (supra) has only been made.";
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.