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2014 Supreme(SC) 459

ANIL R.DAVE, DIPAK MISRA
State of Rajasthan – Appellant
Versus
Surendra Mohnot – Respondent


Advocates:
Advocate Appeared
For the Petitioner:Irshad Ahmad, Advocate
For the Respondents:Aishwarya Bhati, Advocate.

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The grant of selection grade to employees is to be reckoned from the date of regularization in service, not from the date of ad hoc or temporary appointment (!) (!) .

  2. The power of the High Court under Article 226 includes the authority to exercise review to prevent miscarriage of justice and correct grave errors, but this power is distinct from an appellate review and cannot be used to re-argue the case on merits (!) (!) .

  3. An error apparent on the face of the record is one that is self-evident, patent, and does not require lengthy reasoning to establish; such errors can be corrected through review proceedings (!) (!) .

  4. Orders passed on the basis of incorrect or irrelevant authorities, or based on erroneous concessions, are subject to correction if such errors are self-evident (!) (!) .

  5. Concessions made by parties, especially those that are incorrect or based on misapprehensions, should be carefully scrutinized, and courts have the authority to recall or rectify such orders if they are found to be based on mistake or misstatement (!) .

  6. The primary criterion for determining entitlement to benefits such as the grant of selection grade is the date of regular appointment in accordance with recruitment rules, rather than earlier ad hoc or temporary appointments (!) .

  7. The legal position is that the period of service for the purpose of granting benefits like selection grades must be counted from the date of regularization, and prior periods of ad hoc or temporary service do not qualify unless explicitly specified (!) (!) .

  8. The role of advocates and legal representatives is fundamental; they are expected to act with sincerity, honesty, and professionalism, assisting the court in a properly prepared manner, and upholding the integrity of the legal process (!) (!) .

  9. Courts have an obligation to ensure that their orders are based on correct facts and law, and they possess the inherent power to review and correct mistakes, especially when such mistakes are self-evident and could lead to a miscarriage of justice (!) (!) .

  10. Orders based on concessions or statements that are incorrect or based on misapprehensions can and should be revisited and corrected to uphold the principles of justice and fairness (!) (!) .

Please let me know if you need further elaboration or assistance with any specific aspect.


Judgment :

Dipak Misra, J.

1. Leave granted.

2. Respondent Nos. 1 to 6 were appointed on ad hoc basis as Lower Division Clerks either directly or from amongst the class IV employees for a fixed tenure for smooth functioning of administrative work. The nature of appointments are clear from the appointment orders dated 26.6.1986, 5.7.1986 and 25.10.1986. Respondent No. 7 was appointed on similar conditions in January, 1998. On 28.4.1993, the respondents appeared in the requisite test and, accordingly, were regularized on the posts of Lower Division Clerk by order dated 28.4.1993.

On 25.1.1992, the State of Rajasthan issued a circular which pertained to prescription of Selection Grades for employees in Class IV, Ministerial and subordinate services and those holding isolated posts and fixation of pay in Selection Grades. The circular was made applicable to certain categories of employees and it also prescribed the period. Paragraph 2 of the circular stipulated that (i) the first Selection Grade shall be granted from the day following the day on which one completes service of nine years, provided that the employee has not got one promotion earlier as is available in his existing cadre;









































































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