Surendra Kumar Sharma and ors. Vs. State of Rajasthan and anr.

Surendra Kumar Sharma and ors. vs State of Rajasthan and anr.

Type Court Judgment Court Rajasthan Decided Jul 04, 2007

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Citation: sooperkanoon.com/772768
Court: Rajasthan High Court
Judge: Govind Mathur, J.
Decided On: Jul 04, 2007
Case Number: S.B. Civil Writ Petition No. 16/1994
Subject: Land Acquisition

Case Summary

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

Rajasthan Civil Services (Revised Pay Scales) Rules, 1983 - Constitution of India--Article 226--Scope--Govt. of Rajasthan by Notification No. F. 17(3)FD Gr-2/82 dt. 23.01.1985 revised the pay scale No. 10 under Rules of 1983 w.e.f. 1985--Held, in view of decision of High Court in writ petition No. 3116/1987 Gopal D...

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Surendra Kumar Sharma and ors.

Respondent

State of Rajasthan and anr.

Legal References

Cases Referred: Gopal Dass v. State of Rajasthan and Anr
Reported In: 2007(3)WLN417

Excerpt

rajasthan civil services (revised pay scales) rules, 1983 - constitution of india--article 226--scope--govt. of rajasthan by notification no. f. 17(3)fd gr-2/82 dt. 23.01.1985 revised the pay scale no. 10 under rules of 1983 w.e.f. 1985--held, in view of decision of high court in writ petition no. 3116/1987 gopal das v. state of rajasthan and anr. respondents are directed to fix pay of petitioner in further revised pay scale of rs. 610-1090 (scale no. 10) w.e.f. september 1, 1981 and to pay the amount of difference--petitioner is also entitled to his pensionary benefits accordingly.;writ petition allowed. - govind mathur, j.1. the government of rajasthan by notification no. f17(3) fdgr-2/82 dt. 23.01.1985 revised the pay scale no. 10 under the rajasthan civil services (revised pay scales) rules, 1983 w.e.f. 01.02.1985. a challenge is given to the notification referred above by the petitioners alleging that to be discriminatory for the reason that for other similarly situated persons such amendment was introduced w.e.f. 01.09.1981. the same notification was subject matter of d.b. civil writ petition no. 3116/1987, gopal dass v. state of rajasthan and anr. that came to be accepted by division bench of this court by judgment dt. 21.12.1988. hon'ble division bench while accepting the writ petition ordered as follows:--the writ petition is allowed. the respondents are directed to fix the pay of the petitioner in the further revised pay-scale of rs. 610-1090 (scale no. 10) w.e.f. 01.09.1981 and to pay the amount of difference. the petitioner is also entitled to his pensionary benefits accordingly.2. the fact about acceptance of similar petition for writ by division bench of this court has not been disputed by counsel for the respondents.3. accordingly, this petition for writ is also allowed. the respondents are directed to fix the pay of the petitioner in the further revised pay-scale of rs. 610-1090 (scale no. 10) w.e.f. 01.09.1981 and to pay the amount of difference. the petitioner is also entitled to his pensionary benefits accordingly.no order to costs.

Full Judgment

Govind Mathur, J.

1. The Government of Rajasthan by Notification No. F17(3) FDGr-2/82 dt. 23.01.1985 revised the pay scale No. 10 under the Rajasthan Civil Services (Revised Pay Scales) Rules, 1983 w.e.f. 01.02.1985. A challenge is given to the notification referred above by the petitioners alleging that to be discriminatory for the reason that for other similarly situated persons such amendment was introduced w.e.f. 01.09.1981. The same notification was subject matter of D.B. Civil Writ Petition No. 3116/1987, Gopal Dass v. State of Rajasthan and Anr. that came to be accepted by Division Bench of this Court by judgment dt. 21.12.1988. Hon'ble Division Bench while accepting the writ petition ordered as follows:--

The writ petition is allowed. The respondents are directed to fix the pay of the petitioner in the further revised pay-scale of Rs. 610-1090 (Scale No. 10) w.e.f. 01.09.1981 and to pay the amount of difference. The petitioner is also entitled to his pensionary benefits accordingly.

2. The fact about acceptance of similar petition for writ by Division Bench of this Court has not been disputed by counsel for the respondents.

3. Accordingly, this petition for writ is also allowed. The respondents are directed to fix the pay of the petitioner in the further revised pay-scale of Rs. 610-1090 (Scale No. 10) w.e.f. 01.09.1981 and to pay the amount of difference. The petitioner is also entitled to his pensionary benefits accordingly.

No order to costs.

Same Court & Year Rajasthan · 2007 Same Parties Surendra Kumar Sharma and ors. vs State of Rajasthan and anr. Same Subject Land Acquisition Same Judge Govind Mathur, J.

Land Acquisition Civil service