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ASHOK KUMAR GAUR, ASHUTOSH KUMAR
Chief Engineer Irrigation Department – Appellant
Versus
Mohammad Jaffar – Respondent
| Table of Content |
|---|
| 1. challenge of order regarding service scale benefits. (Para 1 , 2 , 3 , 4) |
| 2. employee's service history and entitlements. (Para 5 , 6 , 10 , 11) |
| 3. defense of permanent employee status. (Para 14 , 15 , 16 , 17) |
| 4. judicial review of circular applicability. (Para 18 , 19 , 20 , 22 , 24) |
| 5. conclusion on appeal and circular relevance. (Para 21 , 23 , 25 , 26) |
ORDER :
This intra-court appeal has been filed by the appellant-State challenging the order dated 22.10.2018 passed by learned Single Judge wherein he upheld the order dated 18.04.2017 passed by Rajasthan Civil Services Appellate Tribunal, Jaipur.
2. Ms. Sheetal Mirdha - learned AAG submits that the impugned order passed by learned Single Judge has been passed while ignoring the applicability of circular dated 04.03.1998 as the same was made applicable w.e.f. 01.01.1998 and the respondent-employee had already superannuated on 28.02.1997.
3. Learned AAG submitted that the grievance raised by the respondent-employee was in respect of not granting the benefit of selection scale on completion of 9-18-27 years of service as per the circular dated 25.01.1992.
4. Learned AAG submitted that initially the appeal filed by the re
Minor service penalties do not obstruct entitlement to selection scales under applicable service circulars.
Entitlement to service benefits and post-retiral benefits is determined based on the service record, consideration of penalty orders, and timely implementation of entitlements.
The suit instituted by the respondent was barred by limitation, and the respondent failed to meet the basic requirements for the Selection Grade.
Unilateral withdrawal of judicially upheld pay benefits under SRO 149 post-retirement without notice violates natural justice and Article 14; entitles consequential in-situ promotions under SRO 14 wi....
The differentiation in granting selection grade based on service record, as established in the State of Rajasthan Vs. Shanker Lal Parmar case, was a key legal principle influencing the court's decisi....
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