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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
JUSTICE DINESH MEHTA, J
Ramchandra – Appellant
Versus
State of Rajasthan – Respondent
Order :
1. The present writ petition has been preferred for the following reliefs:-
“(i) By an appropriate writ, order or direction, the respondents may be directed to provide annual grade increments to the petitioner in terms of the statutory provisions and circulars on notional basis counting his services from 31.05.2004 and actual benefits from February, 2017.
(ii) By an appropriate writ, order or direction, respondents may also be directed to count the services of the petitioner from 2004 for the purpose of A.C.P. and release all benefits in the form of arrears alongwith 18% interest rate.
(iii) By an appropriate writ, order or direction, the respondents may be directed to pay all the services benefits of the petitioner.”
2. Mr. Bissa, learned counsel for the petitioner submitted that the issue involved in the present writ petition is squarely covered by the judgment dated 04.04.2019 passed by this Court in a bunch of writ petitions led by S.B. Civil Writ Petition No.10333/2017 : Mohhamad Umer Rangrej Vs. State of Rajasthan & Ors.
3. Inviting Court’s attention towards the judgment dated 04.04.2019 passed in the case of Mohhamad Umer Rangrej (supra) and the circular dated 02.06.2020,
Employee entitled to notional increments from appointment date despite qualification requirements, with actual benefits post-qualification.
Seniority is to be computed from the initial appointment date despite conditions regarding qualifications in the rules.
Seniorities should be computed based on initial appointment dates, regardless of subsequent qualification delays.
The court ruled that amendments to the qualification rules for LDCs eliminate the requirement for a type test for compassionate appointees who have acquired necessary computer proficiency.
Amendments to rules typically have prospective effect unless explicitly stated otherwise, impacting service benefits and seniority.
Employees cannot have earned increments withheld due to pending criminal charges without formal adjudication, as increments are a vested right based on past service performance.
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