SAIYAD SHARAFAT ALI Vs. STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2015-3-211
HIGH COURT OF RAJASTHAN
Decided on March 27,2015

Saiyad Sharafat Ali Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

Sandeep Mehta, J. - (1.) HEARD learned counsel for the parties. By way of the instant writ petition, the petitioner has approached this Court assailing the legality and validity of the order Annex. 14 dated 25.8.1992 and to direct the respondents to consider the petitioner's case for appointment on the post of Teacher Grade -III. It has further been prayed that the respondents be directed to give the minimum regular pay scale of Teacher Grade -Ill to the petitioner for the period during which he worked with the respondents on contractual basis.
(2.) THE controversy identical to the one which is involved in this writ petition was examined by the Division Bench of this Court in the case of Govind Puri & Ors. vs. State of Rajasthan & Ors., D.B. Civil Special Appeal (Writ) No. 637/1997, decided on 7.7.1997. The Division Bench rejected the prayer made by the respective petitioners therein for assailing their termination but at the same time, it was directed that the respective petitioners shall be paid the minimum of regular pay scale of Teacher Grade -Ill for the period for which they had worked with the department on contractual basis. In view of the aforesaid Division Bench judgment in Govind Puri's case (supra), this Court is of the opinion that the ends of justice will be served if the petitioner is permitted to submit a representation to the appropriate authority in the light of the aforesaid Division Bench judgment. Upon such representation being received, the appropriate authority shall consider and decide the same by a reasoned speaking order in accordance with law within a period of two months from the date of receipt thereof. The petitioner's prayer for grant of minimum pay scale shall be considered in the light of the aforesaid Division Bench judgment and the dues, if any, shall be paid to the petitioner forthwith.
(3.) THE instant writ petition is disposed of with the aforesaid observations and directions. No order as to cost.;


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