AI Structured Summary
Not yet generated for this judgment
Judgment
Issue notice.
Mr. Rishab Tayal accepts the notice on behalf of
respondents. service is, therefore, complete.
With the consent of learned counsel for the parties,
the matter is finally heard at this stage.
Learned counsel appearing for the petitioner submits
that the present writ petition is squarely covered by the
Division Bench judgment of this Court in the matter of ''Govind
Dan Charan Vs. State of Rajasthan & Ors.'' (D.B. Civil Special
Appeal (Writ) No.1068/2014) decided vide judgment dated
17.12.15, against which Special Leave Petition filed by the State
has also been dismissed by the Hon''ble Supreme Court vide order
dated 12.7.2016 and therefore, the writ petition preferred by the
petitioner deserves to be allowed as prayed for in light of the
judgment rendered by this court in Govind Dan Charan''s case
(supra).
Learned counsel appearing for the respondents does not
dispute that issue raised in the present writ petition is squarely
covered by decision of this court in Govind Dan Charan''s case
(supra). However, it is submitted that the present petition seeking
the relief of grant of selection grade in the regular pay scale
admissible to the post as per the recommendations of Sixth Pay
Commission has been filed by the petitioner belatedly and
therefore, the consequential benefits payable to the petitioner
deserve to be restricted. In this regard, learned counsel has relied
upon a decision of the Hon''ble Supreme Court in the matter of
" Union of India vs. Tarsem Singh ", (2008)8 SCC, 648.
Learned counsel for the petitioner submitted that as a matter
of fact, the issue regarding denial of the relief on account of the
claim being raised belatedly, also stands adjudicated by this court
in the matter of "Ram Chandra Sharma vs. State of Rajasthan &
Ors." (S.B.Civil Writ Petition No.11254/16, decided on 7.10.16).
In Ram Chandra Sharma''s case (supra), this court while
dealing with the identical issue, 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. It is apparent that in the case of Govind Dan Charan, the order has been passed on 17th December, 2015 and the orders passed in identical matters have already been implemented by the Department in the connected writ petitions."
In this view of the matter, merely because the petitioner has
filed the petition belatedly, the question of restricting the relief for
which he is entitled for, does not arise.
Accordingly, the writ petition is allowed. The petitioner would
be entitled for first, second and third selection grades on
completion of 9, 18 and 27 years of service in terms of the
Government orders in the pay scale Rs.975-1720, 1200- 2050 and
1640-2900 (5500-9000) respectively, in terms of decision of the
Hon''ble Supreme Court in the matter of " State of Rajasthan vs.
Jagdish Narayan Chaturvedi ", (2009) 12 SCC, 49 i.e. from the
date of regular appointment. The required exercise for grant of
selection grades to the petitioner as aforesaid and the payment of
consequential benefits shall be completed by the respondents
within a period of three months from the date of this order. No
order as to costs.