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PUSHPENDRA SINGH BHATI
Sohanlal Bagri Bagria – Appellant
Versus
State – Respondent
JUDGMENT :
(Pushpendra Singh Bhati, J.)
The matter pertains to the year 2005, thus, was listed under the category "Oldest Cases for Early Disposal".
2. This writ petition has been preferred under Article 226 of the Constitution of India claiming the following reliefs:
The present petition may kindly be allowed. The petitioner may be held entitled for grant of selection grade as soon as he completes 18 years of service from the date of his initial appointment. The respondents be further directed to make the payment of the above benefit along with the interest @18% per annum on the above arrears to the petitioner forthwith.
That any other order which this Hon'ble Court deems just and proper in the facts and circumstances of the case, may kindly be passed in favour of the Petitioner.
That costs of the petition may be awarded in favour of the petitioner."
3. Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that the petitioner was appointed as a Teacher on temporary basis vide office order dated 07.
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.
Eligibility for Selection Grade is determined by the completion of ten years of service as a Primary Teacher, independent of regularization status.
The concept of granting selection grade and special grade should not be tampered with and that teachers are either eligible for promotion or for Selection/Special Grade, not both.
The main legal point established in the judgment is that the service rendered in an equivalent post should be taken into consideration for the award of Selection Grade, especially when the conversion....
Stale and belated claims cannot be entertained, and benefits as directed by a Full Bench order shall be extended only to parties before the Court, with no fresh writ petitions entertained after a spe....
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