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ARUN BHANSALI
Rajendra Kumar Chahar – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Arun Bhansali, J.
This writ petition has been filed by the petitioners seeking grant of benefit of I, II & III selection grade w.e.f. the date of their initial appointment and to revise their pay/pension/gratuity.
2. Learned counsel for the petitioners submits that the issue raised in the present writ petition is squarely covered by order in Gulam Rasool Bisayati v. State of Rajasthan & Ors.: SBCWP No.18941/2018 and other connected matters, decided on 08.09.2022 and, therefore, the petitioners are also entitled to similar relief.
3. Learned counsel appearing for the respondents is not in a position to dispute that the issue, as raised, is squarely covered by order in the case of Gulam Rasool Bisayati (supra).
4. In the case of Gulam Rasool Bisayati (supra), a Coordinate Bench of this Court came to the following conclusion:-
"Provided further that in the case of an employee who has been/ is declared surplus and absorbed against a new post either in the same or another department excluding absorption on higher post, the serv
The main legal point established in the judgment is that the effective date for counting service for selection grade is the date of regularization in the cadre/service in accordance with the relevant....
The court held that the petitioner is entitled to the second selection grade based on service counted from the date of initial appointment, affirming the legality of benefits from that date.
Employees must receive selection grade benefits based on their actual length of service from the date of initial appointment, in accordance with governmental policy.
Fixation of period for payment of arrears in service matters is part of executive policy and such decision can not be termed arbitrary.
Service rendered prior to post merger must be counted for pension benefits, ensuring equitable treatment in pay fixation.
Eligibility for promotion and higher grade scales must include all prior service, irrespective of department transfers, highlighting the unconstitutionality of arbitrary restrictions on seniority and....
Eligibility for Selection Grade is determined by the completion of ten years of service as a Primary Teacher, independent of regularization status.
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