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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
NARENDRA SINGH DHADDHA
Rajasthan State Road Transport Corporation – Appellant
Versus
Bachu Singh S/o Shri Maharaj Singh – Respondent
JUDGMENT :
This civil second appeal has been filed by the appellants-defendants (for short ‘the defendants’) against the judgment and decree dated 21.10.2021 passed by the Additional District & Sessions Judge No.9, Jaipur Metropolitan-II in Civil Appeal No.31/2020 (10/2019), whereby the appellate Court dismissed the appeal filed by the defendants and confirmed the judgment and decree dated 16.01.2019 passed by the Additional Civil Judge & Metropolitan Magistrate No. 2, Jaipur Metropolitan in Civil Suit No.78/2013, whereby the trial Court partly decreed the suit filed by the respondent-plaintiff (for short ‘the plaintiff’) for declaration.
2. Brief facts of the case are that the plaintiff filed a civil suit for declaration against the defendants mentioned therein that he was appointed as a regular basis on the post of Conductor on 30.06.1984. The Finance Department of State Government issued a circular on 25.01.1992 in which instructions were given regarding grant of selection scales to the State Government employees on completion of 9, 18 and 27 years of service. Defendants-Corporation adopted the said circular and implemented the same for their employees as well. Plaintiff completed
The court affirmed the plaintiff's entitlement to selection scales based on service duration, rejecting claims of misconduct and jurisdictional issues.
The court affirmed the plaintiff's entitlement to selection scales based on service duration, ruling that the civil court had jurisdiction despite the industrial dispute context.
Minor service penalties do not obstruct entitlement to selection scales under applicable service circulars.
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....
Civil courts have jurisdiction to try suits challenging termination orders on the ground of violation of equality and principles of natural justice.
The Industrial Tribunal must consider prior findings on termination validity when adjudicating claims for benefits, ensuring entitlement to selection scales based on continuous service.
Civil courts lack jurisdiction over employment disputes governed by the Industrial Disputes Act, necessitating resolution in designated forums.
The main legal point established in the judgment is that delay and laches are vital in service matters, and a clean record of service is a prerequisite for the grant of selection scale. The court als....
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