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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
NARENDRA SINGH DHADDHA
Rajasthan State Road Transport Corporation – Appellant
Versus
Kanhaiya Lal Gameti S/o Shri Hemraj – Respondent
JUDGMENT :
NARENDRA SINGH DHADDHA, J.
1. The present civil second appeal has been filed by the appellants-defendants (for short ‘the defendants’) against the judgment and decree dated 15.03.2019 passed by Additional District Judge No. 10, Jaipur Metropolitan City, (for short ‘the appellate Court’) in civil regular appeal No. 81/2017, whereby the appellate court while dismissing the appeal filed by the defendants, affirmed the judgment and decree dated 08.03.2017 passed by Additional Civil Judge No. 2, Jaipur Metropolitan City (for short ‘the trial Court’) in civil suit No. 224/2013, whereby the trial court while partly decreeing the suit filed by the respondent- plaintiff (for short ‘the plaintiff’), held the plaintiff entitled to get first selection scale from 18.12.1995 and second selection scale from 18.12.2004. The plaintiff was also held entitled to get salary on notional basis from the date of his termination i.e. 22.01.1993 to 11.04.2011 and thereafter he was held entitled to get actual salary.
2. Brief facts of the case are that the plaintiff filed a suit for declaration to the effect that he was appointed with the defendants-Corporation as a Conductor on daily wages basis vid
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.
The court affirmed the plaintiff's entitlement to selection scales based on service duration, rejecting claims of misconduct and jurisdictional issues.
The Industrial Tribunal must consider prior findings on termination validity when adjudicating claims for benefits, ensuring entitlement to selection scales based on continuous service.
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 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....
The decision of the Screening Committee regarding the regular pay-scale is binding unless legally challenged, and the absence of such a challenge limits the petitioners' claims.
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