AI Structured Summary
Not yet generated for this judgment
Judgment
It is submitted by learned counsel for the petitioners that the present writ petition is squarely covered by the Judgment of this Court in Dadam Das Vaishnav v. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.8309/2012, decided on 20.5.2013.
Learned counsel for the respondent-State submits that though the issue raised in the present writ petition is squarely covered by the judgment of this Court in the case of Dadam Das (supra), however, it is submitted that as the petitioners have raised the issue belatedly, the material relief to them be restricted.
Reliance has been placed in the judgment of Hon'ble Supreme Court Union of India & Ors. v. Tarsem Singh : (2008) 8 SCC 648.
In so far as the relief being claimed by the petitioner/s is concerned, there is no dispute that the same is governed by the law laid down by this Court in the case of Dadam Das (supra).
In so far as the plea raised by the respondents is concerned, a Co-ordinate Bench of this Court in Ramchandra Sharma v. The State of Rajasthan & Ors. : SBCWP No.11254/2016 decided on 7.10.2016 dealing with another writ petition of identical nature after noticing the submissions of learned counsel for the respondents held as under:-
"A perusal of the judgment rendered by the Apex Court in the case of Union of India (supra) shows that the same does not apply to the facts of the present case. In the present case, no third party rights have been affected. It pertains to a financial loss which is a continuing injury to the petitioners."
In view thereof, the submissions made by learned counsel appearing for the respondents regarding restricting the relief to the petitioners cannot be countenanced.
Consequently, the writ petition filed by the petitioners is allowed. The respondents are directed to allow the selection grades to the petitioners on completion of 9, 18 & 27 years of service in terms of the directions mentioned in the case of Dadam Das (supra).