D.B. Special Appeal Writ No. 781/2002. Case: Banshi Lal Vs Rajasthan Civil Services Appellate Tribunal and others. Rajasthan High Court
| Case Number | D.B. Special Appeal Writ No. 781/2002 |
| Counsel | C. S. Bissa, Yashpal Khileri |
| Judges | A. M. Sapre & Dinesh Maheshwari, JJ. |
| Issue | Rajasthan Civil Services (Service Matters) Appellate Tribunal Act, 1976 - Section 19; Constitution of India, 1950 - Article 226 |
| Judgement Date | May 13, 2010 |
| Court | Rajasthan High Court |
Judgment:
A. M. Sapre & Dinesh Maheshwari, JJ., (Jodhpur Bench)
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This intra-court appeal is directed against the order dated 31.07.2002 whereby the learned Single Judge has dismissed the writ petition (CWP No.710/2001) filed by the petitioner against the order dated 19.07.1999 passed by the Rajasthan Civil Services Appellate Tribunal.
Briefly put, the facts and background aspects relevant for the present purpose are that the petitioner-appellant entered the service with the Principal and Controller, Dr.S.N. Medical College and Associated Hospitals, Jodhpur on the post of Painter on 20.09.1965 and retired after rendering about 29 years of service. After retirement, the petitioner- appellant filed an appeal under Section 19 of the Rajasthan Civil Services (Service Matters) Appellate Tribunal Act, 1976 essentially stating the grievance of having not been allowed the applicable pay scales under the revised Pay Scale Rules; and having not been granted due selection grades upon completion of 9, 18 and 27 years of service as per the Government Order dated 25.01.1992. The petitioner-appellant prayed for the following reliefs before the Tribunal:-
''It is, therefore, humbly prayed that this appeal may kindly be allowed and the respondents may kindly be directed to fix the appellant in the Pay Scale No.6 under the Pay Scale Rules 1987 with all consequential benefits.
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The respondents may kindly be directed to provide Pay Scale No.6 i.e. Rs. 950-1680 w.e.f. 1.9.88 under the Revised Pay Scale Rules, 1989 to the appellant.
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The respondents may kindly be directed to fix and provide the benefit of 9, 18 and 27 years of service while taking into account Pay Scale No.6 under the Revised Pay Scale Rules, 1989. The appellant is also entitled to be fixed at Rs.1640-2900 w.e.f 25.1.92 and provided arrears with interest @ 18% per annum.
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Costs of this appeal may kindly be awarded in favour of the appellant for not giving benefit of Pay Scale as well as benefit of 9, 18 and 27 years of service rendered to the respondents for years together.''
The Tribunal considered the submissions as made on behalf of the appellant and the respondents and dismissed the appeal by the order dated 19.07.1999 with the finding that the appellant had been granted Pay Scale No.6 from 01.09.1988 and so far the granting of second and third selection grades was concerned, there was a prohibition stated in the order dated 25.01.1992 in relation to the persons not eligible for...
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