Advocates:
['KC SAMDARIYA', '', 'JR BHATI', 'ARVIND SAMDARIYA', 'SD PUROHIT', '', 'NK JOSHI', 'HEMANT CHAUDHARY GA']

{ 1 }

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

J U D G M E N T

D.B. CIVIL SPL. APPEAL (WRIT) NO.393/2010

Secretary, Bal Vikas Mandal, Jaisalmer

VS.

Shri Om Prakash Bhatia & Ors.

Date of Judgment

:

23.05.2011

PRESENT

HON'BLE MR.JUSTICE A.M.SAPRE

HON'BLE MR.JUSTICE C.M. TOTLA

Mr. K.C.Samdariya, for the appellant.

Mr. S.D.Purohit, for respondent.

Mr. Hemant Choudhary, G.A.

BY THE COURT: (PER HON'BLE A.M. SAPRE, J)

This is an intra court appeal filed by the writ

petitioner of Writ Petition No.2933 of 2007 under Rule 134 of

the Rajasthan High Court's Rules against an order dt. 6.5.2010

passed by Single Judge in aforementioned writ petition.

2.

In order to appreciate the issue raised in the

appeal, it is necessary to state the relevant facts infra.

3.

The appellant is an educational Institution. They

are running a School in the name of “Gandhi BaL Mandir” at

Jaisalmer. It is an aided Institution. The respondent No.1 is

working in this School as teacher. Some dispute arose between

the appellant and respondent No.1 regarding grant of benefit

{ 2 }

of selection scale of pay to the respondent No.1, which

according to the respondent No.1, he w