S.B. Civil Writ Petition No. 4905/2014 and Stay Application No. 4520/2014. Case: Devendra Kumar Sharma Vs The Director, Secondary Education, Rajasthan, Bikaner and Another. Rajasthan High Court

Case NumberS.B. Civil Writ Petition No. 4905/2014 and Stay Application No. 4520/2014
CounselFor Appellant: Shri D.P. Sharma, Counsel
JudgesMohammad Rafiq, J.
IssueService Law
Judgement DateMay 06, 2014
CourtRajasthan High Court

Judgment:

Mohammad Rafiq, J.

  1. This writ petition has been filed by petitioner assailing the judgment dated 21.10.2013 of the Rajasthan Civil Services Appellate Tribunal passed in Contempt Petition No. 61/2010 (690/2002) filed by petitioner. Before the Tribunal, the petitioner claimed that the selection scale ought to be granted to him by counting the period of ad hoc service.

  2. Petitioner has retired from service on 30.11.2007. In view of Circular dated 25.01.1992, he was granted selection scale on completion of 18 years of service vide order dated 19.08.1992. Thereafter vide order dated 26.10.1996 withdrawn the said benefit. Petitioner challenged the same before the Tribunal by filing Appeal No. 690/2002, which came to be allowed vide order dated 26.04.2010 by quashing the said order of withdrawal of selection scale, in view of the Circulars dated 26.06.2001 and 19.07.2001. Respondents challenged the order of the Tribunal dated 26.04.2010 before this Court by filing Writ Petition No. 11871/2011, which was partly allowed by this court by order dated 20.03.2012 upholding the order dated 26.10.1996 of the respondents thereby making correction of the date of grant of first and second selection scale, however, it was directed that such correction would be prospective in that, no recovery shall be made from the petitioner and whatever amount has been recovered shall be refunded to him with interest.

  3. The third selection scale became due to petitioner on 30.08.1996 as he was initially appointed on 30.08.1969 as untrained teacher, and the respondents, in view of various Circulars and judgments of this Court, allowed the third selection scale with effect from 30.08.1996. The Tribunal though agreed to allow selection scale to the petitioner on completion of 15 years of service from the date of first appointment on the basis of Circular dated 23.01.1985. The Tribunal recorded so on the wrong interpretation of judgment dated 20.03.2012 of this court.

  4. Learned counsel for the petitioner submitted that untrained teachers are entitled to the benefit of selection scale on completion 9, 18 and 27 years of service, counting their services rendered on ad-hoc basis because running could be undertaken by subsequent appointment and therefore this court in earlier judgment rendered in Writ Petition No. 11871/2011 filed by the respondents, dated 20.03.2012 has not been correctly decided. It is contended that this court in aforesaid judgment has stated that...

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