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2009 Supreme(Raj) 1748

RAJASTHAN HIGH COURT AT JAIPUR BENCH
H.R.Panwar, J.
Radhey Shyam Prajapat - Appellant
Versus
State of Rajasthan and others - Respondent
S.B.Civil Writ Petition No. 2066 of 2009.
Decided On : 23-03-2009

Advocates:
For the Petitioner:Mukesh Rajpurohit, Advocate.
For the Respondent:R.L. Jangid, Addl. Advocate General.

Headnote:Constitution of India, 1950, Art. 226 – In present case writ petition has been filed to grant notional benefit of pay – scale from the date of his initial appointment so appeal was accordingly allowed, 2005 (7) WLC (Rej.) 264 followed.

JUDGMENT

1. - Heard learned counsel for the parties.

2. Learned counsel for the petitioner submits that the controversy involved in the instant writ petition stands concluded by Division Bench decision of this Court in Prashant Vohra and Anr. v. State of Rajasthan and Ors. 2005 (1) Western Law Cases (Raj.) 264. The decision of the Division Bench came to be challenged by the State before the Hon'ble Supreme Court and by order dated 06.12.2004 the SLP came to be dismissed. Thereafter a Review Petition was also filed before the Hon'ble Supreme Court which too came to be dismissed on 8.9.2005 and thus the judgment of the Division Bench in Prashant Vohra and Anr. v. State of Rajasthan and Ors. (supra) has attained the finality. In this view of the matter, the writ petition deserves to be allowed in terms of the order passed by Division Bench of this Court in Prashant Vohra and Anr. v. State of Rajasthan and Ors. (supra).

3. Accordingly, the writ petition is allowed in terms of the order of Division Bench in Prashant Vohra and Anr. v. State of Rajasthan and Ors. (supra) and it is directed that the petitioner shall be given notional benefit of the pay scale of Rs. 3200-85-4900 from the date of his initial appointment till 01.06.2002. Thereafter, he shall be given actual benefit of the regular pay scale and his salary shall be fixed afresh within a period of three months. No order as to costs.Writ Petition Allowed.

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