Full Judgment
S.B.Civil Writ Petition No.616/2014 Ramu Ram Siyag versus State of Rajasthan & ORS.Order dt: 29/09/2014 1/4 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER
S.B.Civil Writ Petition No.616/2014 Ramu Ram Siyag versus State of Rajasthan & ORS.DATE OF ORDER
::: 29th September 2014 PRESENT HON'BLE Dr.
JUSTICE VINEET KOTHARI Appearance: Mr.C.S.Bissa, for the petitioner.
Mr.N.K.Mehta, Addl.
Govt.
Counsel.
-- BY THE COURT: 1.
The petitioner has approached this Court assailing the inaction on the part of the respondents for wrong fixation in the selection grades to him.
The petitioner has filed the present writ petition in this Court on 22.01.2014 seeking following relief(s).- “It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction respondents be directed to :- (I)Respondents be directed to declare petitioner to be entitled for grant of Second selection scale of Rs.5000-8000 on completion of 18 years of S.B.Civil Writ Petition No.616/2014 Ramu Ram Siyag versus State of Rajasthan & ORS.Order dt: 29/09/2014 2/4 service w.e.f.01.01.1998 and accordingly be directed to revise the order granted IInd Selection Scale and also be directed to pay arrears with interest.
(II)Respondents be directed to declare petitioner to be entitled for grant of Third selection scale of Rs.5500-9000 on completion of about 27 years of service w.e.f.01.12.2005 and accordingly be directed to revise the order dated 11.01.2007 Annex.4, and also be directed to pay arrears with interest.
(III)Respondents be directed to issue revised PPO of the petitioner.
(IV)Any other appropriate order, which this Hon'ble Court deems fit and proper be passed in favour of petitioner.
(V)That writ petition is (Sic! may be) allowed with exemplary costs.”
.
2.
Mr.C.S.Bissa, learned counsel for the petitioner submitted that according to Notification dated 01.09.1996, which gives the schedule of fixation of selection scale, where the pay scales of both, feeder post and the next higher posts are same, the respondents have not taken into account the said notification dated 01.09.1996 while making such fixation.
He further submitted that the petitioner on achieving the age of superannuation has already been retired from the services.
He also relied upon a decision of a coordinate bench of this Court in the case of Sohan Lal Mathur versus State of Rajasthan & ORS.(SBCWP No.3631/2008 decided on S.B.Civil Writ Petition No.616/2014 Ramu Ram Siyag versus State of Rajasthan & ORS.Order dt: 29/09/2014 3/4 17.011.2008).which has been upheld by the Division bench of this Court while dismissing the intra-court appeal preferred by the State being DBSAW No.607/2010- State & ORS.versus Sohan Lal Mathur, decided on 19.05.2011.
He also relied upon the judgment of another coordinate bench of this Court passed in SBCWP No.1908/2011- Shankar Lal versus State of Rajasthan & Ors., decided on 10.01.2012.
In the case of Sohan Lal Mathur (supra).the coordinate bench of this Court held as under: - “In view of whatever said above, this petition for writ deserves acceptance and, therefore, the same is allowed.
The respondents are directed to allow selection grade to the petitioner on completion of 18 years of service as per para 5 of the notifications dated 25.1.1992 and 17.2.1998.
The petitioner is declared entitled for getting the pay scale of Rs.1400-2600 (Rs.5000-8000) as second selection grade on completion of 18 years of service and the pay scale of Rs.5500-9000 on completion of 27 years of service as the third selection grade.
The entitlement as declared above is required to be executed by the respondents within a period of six months from today.
No order to costs.”
.
3.
The present writ petition, prima-facie, appears to be premature because the respondents have not considered so far the applicability of the said Notification dated 01.09.1996, relied upon by the petitioner before this Court and passed any speaking order with regard to case of the petitioner.
In these circumstances, the present S.B.Civil Writ Petition No.616/2014 Ramu Ram Siyag versus State of Rajasthan & ORS.Order dt: 29/09/2014 4/4 writ petition is disposed of with a liberty and direction to the petitioner to move appropriate representation including copy of the present writ petition to the respondent No.2- Chief Engineer (Rural).P.H.E.D., Govt.
of Rajasthan, Jaipur, and rely upon the aforementioned judgments of this Court, who is expected to pass speaking order in this regard after providing an opportunity of hearing to the petitioner, within a period of three months from today.
4.
With these observations and directions, the writ petition is disposed of.
No costs.
A copy of this order be sent to the concerned parties forthwith.
(Dr.
VINEET KOTHARI).J.
DJ/- 19