Chandmal Sharma Vs. State of Rajasthan and anr. - Court Judgment

Excerpt:
constitution of india - article 226--writ--granting of selection grade in class-iv service--held, material on record shows that w.e.f. 1.1.1985 selection grade was granted but petitioner did not disclose this fact--by grant of selection grade after 9 years, now desire to be put in cadre of class-iii would change the nature of writ jurisdiction.;writ dismissed - - 3. the appeal must fail and accordingly dismissed.rajesh balia, j.1. heard learned counsel for the appellant.2. the appellant filed the writ petition originally in 1995 alleging that he had not been granted the selection grade while serving as class-iv with the respondents. the respondents filed a reply and placed on record the govt. order dated 20th sept., 1986 in pursuance of which the petitioner had been given selection grade by putting him in scale no. 2 from scale no. 1 w.e.f. 1.1.1985. this fact was not disclosed. however, the petitioner faced with this situation sought to built up entirely new case beyond the scope of the writ petition by alleging that by the order dated 20th sept., 1986 which was duly served on him selection grade was not properly given to him and that order must be treated to be erroneous and not an order of grant of selection grade. by grant of selection grade the appellant now desires to be put in the cadre of class-iii services from the echeleon of class-iv services, which in our opinion, changes the entire nature of the writ petition and that too by first not disclosing the correct facts before the court and then trying to challenge that order after lapse of 9 years.3. the appeal must fail and accordingly dismissed.