[2026:RJ-JD:9051]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18887/2025 Tagaram S/o Bhemaram, Aged About 63 Years, Shivnathpura Colony, Sanchore District Jalore (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Rural Development And Panchayati Raj, Secretariat, Govt. Of Rajasthan, Jaipur.

2. The Chief Executive Officer, Zila Parishad Jalore, District Jalore.

3. The Vikas Adhikari, Panchayat Samiti Jalore, District Jalore.

4. The Joint Director, Pensions And Pensioners Welfare Department, Jaipur Raj.

5. The Additional Director, Pension And Pensioners Welfare Department, Jalore.

----Respondents For Petitioner(s) : Mr. Gajendra Singh Chouhan For Respondent(s) : Mr. Nilesh Choudhary for Mr. Kuldeep Vaishnav, Dy. GC HON'BLE DR. JUSTICE NUPUR BHATI

Order

18/02/2026

1. This writ petition has been filed by the petitioner with the following prayers:-

“(i) The respondents may kindly be directed to declare that the petitioner is entitled to the grant of ACP/Selection Grade reckoned from the date of his initial appointment i.e., 14.02.1986, and not from the date of absorption i.e., 01.05.2002.

(ii) The impugned action of the respondents in granting ACP/ Selection Grade only from 01.05.2011 (1st ACP) and 01.05.2020 (2nd ACP), as being illegal, arbitrary, and contrary to law.

The respondents may kindly be directed to to grant and release in favour of the petitioner: First ACP/Selection Grade w.e.f. 14.02.1995, Second ACP/Selection Grade w.e.f. 14.02.2004, and Third ACP/Selection 14.02.2013, Grade w.e.f. along with all consequential benefits including refixation of pay, arrears, and revision of to pensionary benefits. direct the Consequence thereof, respondents revise the pension, gratuity, commutation, and all retiral dues of the petitioner on the basis of correct fixation of pay as per the above ACP/Selection Grades, and to release the arrears with interest at such rate as this Hon'ble Court deems just and proper.

(iii) Any other appropriate writ, order or direction which this Hon'ble Court deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners.

(iv) Writ Petition filed by the petitioners may kindly be allowed with cost.”

2. Brief facts of the case are that the petitioner was initially appointed on a regular post in the Municipality, Sanchore on 14.02.1986 and, upon closure of the Municipality, was declared surplus and subsequently absorbed in the respondent department on 01.05.2002 with protection of pay and continuity of service. Despite rendering continuous service since 1986, the respondents, while granting Assured Career Progression (ACP)/Selection Grades, erroneously reckoned his service only from the date of absorption instead of from his initial appointment, and consequently granted him the first ACP w.e.f. 01.05.2011 and the second ACP w.e.f. 01.05.2020, though he was entitled to the first, second and third ACP on 14.02.1995, 14.02.2004 and 14.02.2013 respectively. The incorrect reckoning of service has resulted in substantial financial loss and has adversely affected his retiral benefits, including pension and gratuity, and despite submission of representation, the respondents have failed to grant him the due benefits, compelling him to file the present writ petition seeking grant of ACP/Selection Grades from the date of his initial appointment along with all consequential benefits including refixation of pay and revision of pensionary dues. Hence, the present writ petition.

3. Learned counsel for the petitioner submits that the respondents have denied the petitioner the benefits of Assured Carrer Progression (ACP)/Selection Grades on completion of 9, 18 and 27 years of service reckoned from his initial date of appointment i.e. 14.02.1986. He submits that the respondents are considering the initial date of appointment of the petitioner as 07.03.2002. He also submits that the issue involved in the instant writ pet