Ladu Lal Vs. State and ors

Ladu Lal vs State and ors

Type Court Judgment Court Rajasthan Jodhpur Decided Nov 12, 2013

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Citation: sooperkanoon.com/1099860
Court: Rajasthan Jodhpur High Court
Decided On: Nov 12, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Ladu Lal

Respondent

State and ors

Excerpt

.....of rajasthan & ors.date of order : 12.11.2013 present hon'ble mr justice vijay bishnoi mr.c.s.bissa for petitioner. mr.vimal mathur for respondents. the matter pertains to grant of appropriate selection grades to the petitioner as per government order dated 25.1.1992. it is stated by the learned counsel for the petitioner that in pursuance of order dated 25.1.1992 passed by the state government for granting selection scale, the petitioner was entitled to be fixed on the pay scale of foreman-i as held by this court in s.b.c.w.p.no.3631/2008 (sohan lal mathur versus state of rajasthan & ors.) decided on 17th nov., 2008, wherein this court while deciding identical controvers.held that the pay scales applicable for the posts of fitter-i and foreman-ii are same, therefore, as per para 5 of the government notifications dated 25.1.1992 and 17.2.1998, the employee was required to receive the next higher pay. learned counsel for the petitioner 2 further argued that in the present matter, the pay scale of pump driver-i and foreman-ii are same and, therefore, as per para 5 of the government notification dated 25.1.1992, the petitioner was entitled to receive second selection grade of rs.1400-2600 instead of rs.1200-2050. mr.vimal mathur, appearing on behalf of respondents, agreed that the controvers.involved in this petition is squarely covered by the decision dated 17.11.2008 rendered in s.b.c.w.p.no.3631/2008 (sohan lal mathur versus state of rajasthan & ors.) decided on 17th nov., 2008. the judgment passed by this court in sohan lal mathur's case (supra) was challenged by the state government before the division bench of this court by way of d.b.special appeal (writ) no.607/2010 and the division bench vide judgment dated 19.5.2011 dismissed the same and confirmed the judgment dated 17.11.2008 passed in sohan lal mathur's case (supra).in a similar matter, a special leave petition (being slp no.6138/2010) was also preferred on behalf of the state government before the.....

Full Judgment

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

ORDER

S.B.CIVIL WRIT PETITION NO.3583/2013 Ladulal versus State of Rajasthan & ORS.Date of Order : 12.11.2013 PRESENT HON'BLE MR JUSTICE VIJAY BISHNOI Mr.C.S.Bissa for petitioner.

Mr.Vimal Mathur for respondents.

The matter pertains to grant of appropriate selection grades to the petitioner as per Government order dated 25.1.1992.

It is stated by the learned counsel for the petitioner that in pursuance of order dated 25.1.1992 passed by the State Government for granting selection scale, the petitioner was entitled to be fixed on the pay scale of Foreman-I as held by this Court in S.B.C.W.P.No.3631/2008 (Sohan Lal Mathur versus State of Rajasthan & Ors.) decided on 17th Nov., 2008, wherein this Court while deciding identical controveRs.held that the pay scales applicable for the posts of Fitter-I and Foreman-II are same, therefore, as per para 5 of the Government notifications dated 25.1.1992 and 17.2.1998, the employee was required to receive the next higher pay.

Learned counsel for the petitioner 2 further argued that in the present matter, the pay scale of Pump Driver-I and Foreman-II are same and, therefore, as per para 5 of the Government notification dated 25.1.1992, the petitioner was entitled to receive second selection grade of Rs.1400-2600 instead of Rs.1200-2050.

Mr.Vimal Mathur, appearing on behalf of respondents, agreed that the controveRs.involved in this petition is squarely covered by the decision dated 17.11.2008 rendered in S.B.C.W.P.No.3631/2008 (Sohan Lal Mathur versus State of Rajasthan & Ors.) decided on 17th Nov., 2008.

The judgment passed by this Court in Sohan Lal Mathur's case (supra) was challenged by the State Government before the Division Bench of this Court by way of D.B.Special Appeal (Writ) No.607/2010 and the Division Bench vide judgment dated 19.5.2011 dismissed the same and confirmed the judgment dated 17.11.2008 passed in Sohan Lal Mathur's case (Supra).In a similar matter, a special leave petition (being SLP No.6138/2010) was also preferred on behalf of the State Government before the Hon'ble Apex Court, which came to be dismissed vide order dated 26.4.2010.

In view of above situation, this Court 3 feels that when the matter is squarely covered by the decisions rendered by this Court as well as of Hon'ble Apex Court, therefore, the writ petition preferred by the petitioner is disposed of in terms of the judgment dated 17.11.2008 passed by this Court in S.B.C.W.P.No.3631/2008 (Sohan Lal Mathur versus State of Rajasthan and & Ors.).It is ordered that the petitioner is declared entitled for getting pay scale of Rs.1400-2600 (5000-8000) on completion of 18 years of service as second selection grade and pay scale of Rs.9300-34800 (5500-9000) on completion of 27 years of service as third selection grade.

The entitlement as declared above is required to be executed by the respondents within a period of six months from today.

There shall be no order as to costs.

[VIJAY BISHNOI].,J.

Babulal/ 140

Same Court & Year Rajasthan Jodhpur · 2013 Same Parties Ladu Lal vs State and ors Same Subject Education