Judgment:
S.B. CIVIL WRIT PETITION No.4846/2014. Bhera Ram Vs. State & Ors. Final Order dated 16.09.2014 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: ORDER
:: S.B. CIVIL WRIT PETITION No.4846/2014. Bhera Ram Vs. State & Ors. .. Date of Order ::::
16. h September, 2014. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance: None present for the petitioner. -- BY THE COURT:
1. Nobody is present on behalf of the petitioner.
2. Perused the record of the case. The case is listed at Sl. No.26 in the cause list under the category of “Admission With Notice Served – Reply Not Filed”..
3. The petitioner has filed the present writ petition on 02.07.2014 with the following prayers:- “It is, therefore, humbly and respectfully prayed that this writ petition of the petitioner may kindly be allowed and by an appropriate writ order or direction:- S.B. CIVIL WRIT PETITION No.4846/2014. Bhera Ram Vs. State & Ors. Final Order dated 16.09.2014 2/3 a. The respondents may kindly be directed to stand the benefits of selection pay scale to the petitioner after completion of nine years of service and pay him the area with interest at the rate of 9% per annum. b. The respondents may kindly be directed to revised his pension after granting him the selection pay scale after completion of nine years of service and pay him the full pension as per the provisions of the Pension Rules 1996. c. The respondents may kindly be directed to extend the benefits to the petitioner of commutation of pension as per the Provisions of the Rajasthan Civil Service (Commutation Pension) Rules 1996 and also pay him the amount of GPF with interest. d. The impugned order annexure-P/7 dt. 30.06.2010 and order dt. 08.12.2010 annexure-P/9 may kindly be quashed and set aside with all consequential benefits. e. The writ petition filed by the petitioner may kindly be allowed with costs. f. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.”
. S.B. CIVIL WRIT PETITION No.4846/2014. Bhera Ram Vs. State & Ors. Final Order dated 16.09.2014 3/3 4. The petitioner, who has retired from the post of Patwari in the year 2012, has filed the present writ petition being aggrieved by the non-grant of selection pay scale on completion of nine years of service on the alleged ground of pendency of the inquiry and the criminal case.
5. It appears that the petitioner has directly approached this Court without first approaching the respondent authorities by filing appropriate representation stating the grievances sought to be raised in this writ petition and, therefore, this Court is of the opinion that the writ petition is premature and is liable to be disposed with direction to both the parties.
6. Accordingly and in view of the above, the writ petition is disposed of with a direction and liberty to the petitioner to file appropriate representation stating his grievances to the respondent No.3 – The Divisional Commissioner, Jodhpur and the said respondent No.3 is expected in law to decide the said representation of the petitioner expeditiously by passing a reasoned and speaking order, preferably after giving an opportunity of hearing to the petitioner, within a period of three months from today.
7. A copy of this order be sent to the parties concerned forthwith. (Dr. VINEET KOTHARI), J.
/Mohan/ / 26 /