S.B. Civil Writ Petition Nos. 5967, 5968, 5969, 5970, 5971, 5972, 5973, 5974, 5975, 5993 and 6046/2008. Case: Sarojbala and Ors. Vs State of Rajasthan and Ors.. Rajasthan High Court
| Case Number | S.B. Civil Writ Petition Nos. 5967, 5968, 5969, 5970, 5971, 5972, 5973, 5974, 5975, 5993 and 6046/2008 |
| Counsel | For Appellant: R. Bhatnagar, Adv. and For Respondents: R.R. Kanwar, G.C. |
| Judges | Sandeep Mehta, J. |
| Issue | Service Law |
| Judgement Date | May 05, 2015 |
| Court | Rajasthan High Court |
Order:
Sandeep Mehta, J.
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Heard learned counsel for the parties.
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The instant writ petitions have been preferred by the petitioners praying for the following relief:-
(a) by an appropriate writ, order and direction the order dated 31-3-1993 (Annexure - 4) passed by the respondent No. 3 and any other order, if any, in pursuance of which it had been passed, may kindly be quashed to the extent it provides for considering the date of confirmation of services of the petitioner for the purpose of seniority and selection scale rather than the date other initial appointment; and
(b) by an appropriate writ, order and direction the respondents be directed to extend the benefit of selection scale and seniority to the petitioner from the date of her appointment i.e. 1-7-1985 and not from the date of her confirmation; and
(c) by a further writ, order and direction the respondents be directed to revise and prepare the seniority list while taking into consideration the date of appointment of the petitioner as 1-7-1985 and also to pay the consequential benefits accruing to the petitioner in pursuance thereof;
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Facts in brief are that after calling the names of the petitioners from the employment exchange, they were appointed in the pay scale of Teacher Grade-III in Panchayat Samiti, Anoopgarh on temporary basis vide order Annex. 1 dated 14.3.1985. The services of the petitioners were thereafter regularized by order Annex. 2 dated 26.9.1989 in pursuance of a resolution dated 14.8.1989 taken by the District Establishment Committee. The order Annex. 2 specifically stipulated that the petitioners' services were being regularized with effect from the date of their initial appointment which has been mentioned in column No. 4 of the order. The petitioners' services were thereafter absorbed in the education department in pursuance of a policy decision taken by the State Government. The District Education Officer passed an order dated 1.4.1998 (Annex. 3) whereby, the benefit of first selection grade was granted to the petitioners with reference to the date of their initial appointment. Later on, the District Education Officer, Sri Ganganagar issued a rectification vide order dated 31.3.1993 (Annex. 4) directing that the petitioners, whose services had been procured from the Panchayati Raj Department, would be entitled to seniority as well as the benefit of selection scale with reference to their confirmation in service and not in reference to their date of initial appointment.
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