ASHOK KUMAR GAUR, ASHUTOSH KUMAR
Chief Engineer Irrigation Department – Appellant
Versus
Mohammad Jaffar – Respondent
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 respondent-employee was dismissed by the Tribunal vide order dated 09.01.2004, however on writ petition being filed before this Court, the High Court vide order dated 24.11.2005 had set aside the order of the Tribunal dated 09.01.2004 and had remanded the matter back to the Tribunal to decide the appeal afresh.
5. Learned AAG submitted that the respondent-employee was initia
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.
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....
Employees are entitled to a higher pay scale after 15 years of service based on government resolutions, irrespective of specific qualifications.
The Court clarified the difference between the replacement scale and upgradation in pay scale under the Assured Career Progression Scheme, emphasizing that the revision in pay scale is distinct from ....
The main legal point established in the judgment is that the A.P. Public Employment (Regulation of Age of Superannuation) Act, 1984 (Act 23 of 1984) applies only to specific categories of government ....
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