State Of Rajasthan @APPELLANT@Hash Tarun Singh

D.B. Civil Misc. Appln No.625/2018 in SAW No.840/2018,

D.B. Civil Misc. Appln. No.629/2018 in SAW No.845/2018

D.B. Civil Misc. Appln. No.666/2018 in SAW No.892/2018,

D.B. Civil Misc. Appln. No.676/2018 in SAW No.905/2018,

D.B. Civil Misc. Appln. No.678/2018 in SAW No.907/2018 &

D.B. Civil Misc. Appln. No.693/2018 in SAW No.919/2018:

For the reasons mentioned in the applications delay in filing the appeals is condoned.

The applications are allowed.

D.B. Civil Special Appeal(W) Nos.840/2018, 845/2018, 892/2018, 905/2018, 907/2018 & 919/2018:

The appellants are aggrieved by the fact that the writ petitions filed by the respondents in the appeals were disposed of by the learned Single Judge

without notice to the appellants.

We have perused the record of the writ petitions and find that grievance of the appellants is correct.

However, we need not remand the matter to the learned Single Judge for adjudication afresh keeping in view the nature of the direction issued by

the learned Single Judge in the orders impugned in the appeals. The impugned orders simply record that as per the writ-petitioners i.e. the respondents

in the appeals the issue raised by them was decided by a Division Bench of this Court on 01.05.2017 in D.B. Civil Writ Petition No.12294/2016,

Narendra Singh Shekhawat & Ors. Vs. State of Rajasthan & Ors..

The writ-petitioners were promoted as Principals. Relying upon the decision in Narendra Singh’s case they were praying to the Court that after

fixing their pay as per Rule 24 of the Rajasthan Civil Service(Revised Pay) Rules, 2008, benefit of the last sentence of clause(i) of the Rule be given

to them. They relied upon the decision in Narendra Singh’s case.

The Division Bench in Narendra Singh’s case held that as per the Rule, in case of promotion from a lower grade to a higher grade in the

running pay band the fixation of the pay of the promoted officer would require the pay to be determined at the first instance as per the first limb of the

Rule. Thereafter, if there was an element of direct recruitment to the post in question, further exercise had to be carried out as contemplated by the

last sentence of the Rule.

In appeals the appellants state that a post of Principal has no element of direct recruitment.

Thus, in terms of the impugned decisions since the direction is to consider the law declared in Narendra Singh’s case and pass a reasoned order

and convey the same to the writpetitioners, the appellants need not challenge the impugned decisions for the reason all they have to do is to pass a

reasoned order and convey the same to the respondents.

The appeals are disposed of.

All other pending applications are disposed of.