Mohammed Hanif And Ors vs State Of Rajasthan And Ors

I. A. No.01/2019 :

The application seeking preponement of the date has been rendered infructuous.

Dismissed accordingly.

However, looking to the issue involved in the present case is squarely covered by the judgment dated 17.12.20215 of this Court rendered in Govind

Dan Charan, the same is taken up for consideration today itself.

Learned counsel for the parties submit that the issue involved in the present petition, regarding correct fixation in the pay-scale upon completion of 18

and 27 years of service and consequential re-fixation of pension, gratuity and other retiral benefits, is squarely covered by judgment of this Court in

D.B. Civil Special Appeal (Writ) No.1068/2014 (Govind Dan Charan Vs. State of Rajasthan & Ors.), decided on 17.12.2015, along with a batch of

similar Special Appeals, with following directions-

“In view of the above discussion, the appeals filed by the appellants are allowed. The order dated 15.04.2014 passed by the learned Single Judge in

all the writ petitions is set aside, the writ petitions filed by the petitioners -appellants are allowed to the extent that the appellants would be entitled to

selection grade and get fixation in the pay-scale of Rs.975-1720, 1200-2050 and 1640-2900 (5500-9000) on completion of 9, 18 and 27 years of service

respectively in terms of judgment in the case of Jagdish Narain Chaturvedi (supra), i.e. from the date of regular appointment.

The required exercise would be completed by the respondents within a period of three months from the date of this judgment.â€​

In view of the above, the present writ petition is allowed in terms of the aforesaid judgment dated 17.12.2015 passed in the case of Govind Das

Charan (supra).

The stay application also stands disposed of.