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PUSHPENDRA SINGH BHATI
Virendra Kumar Gupta – Appellant
Versus
State of Raj. – Respondent
ORDER :
1. The petitioner has preferred the present writ petition claiming the following reliefs :-
(ii) the respondents be directed to provide the benefit of senior scale upon completion of six years of service to the petitioner;
(iii) the respondents be further directed to provide the benefit of selection grade after completion of five years' further service;
(iv) the petitioner be provided the aforesaid benefits as if the same were never denied to him along with all consequential benefits including interest on arrears @ 24% per annum;
(v) without prejudice to the aforesaid prayers, in the alternative, it is prayed that if at all the plea of the respondents is accepted that the approval of appointment has not been given so far by the Board of Governors, then the same may be directed to issue the approval forthwith along with the benefits as prayed above, and
(vi) any other appropriate writ, order or direction, which this Hon'ble Court may deem fit and appropriate in the facts and circumstances of the case in favour of the petitioner, may also kindly be passed in the interest of justice.
(vii) Cost may be awarded to
Right of Career Advancement is a vital right and cannot be deprived without strong reason.
Lecturers appointed before January 1, 1996 are entitled to selection grade benefits without needing a Master’s degree, ensuring equal treatment in service matters.
power of the Government to make laws determining the service conditions of its employees or amend such laws cannot confer them the power to apply such laws differently to similarly situated persons.
The state must apply laws uniformly without discrimination between employees, as inequitable application violates constitutional equality.
Expression ‘further consequential benefits’ would have to be understood to mean of such consequential benefits of promotion i.e. further promotions that petitioner may be entitled having his date of ....
Point of Law : Where range of discretion with authorities have been cut down to such an extent that only one decision is possible, Court may specifically direct authority to act in a particular manne....
The AICTE's clarifications dictate promotion qualifications; retrospective qualifications cannot be enforced by the State, ensuring rights of consistently employed individuals are protected.
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