AI Overview...
Selection Grade - Recurring Cause and Cause of Action
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Recurring Cause of Action: Multiple court decisions (e.g., Kamal Kishore Joshi VS State of Raj. - Rajasthan, MOHAN LAL CHIPA S/O SHRI BADRI PRASAD Vs STATE OF RAJASTHAN THROUGH ITS PRINCIPAL SECRETARY - Rajasthan, KISHAN CHAND SAINI S/O SH. PANNA LAL Vs STATE OF RAJASTHAN - Rajasthan, RAMBABU SHARMA SON OF RAMNIWAS SHARMA Vs STATE OF RAJASTHAN - Rajasthan, ANANDI LAL SAINI S/O SH. BHAJAN LAL Vs STATE OF RAJASTHAN - Rajasthan, BADRI NARAYAN S/O SHRI OMKAR Vs STATE OF RAJASTHAN - Rajasthan) emphasize that the claim for selection grade constitutes a recurring cause of action. Courts have held that such claims cannot be limited to a specific period (e.g., only three years prior) and are not barred by limitation, as the entitlement to selection grade arises repeatedly whenever the conditions are met.
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Cause of Action: The main cause is the non-grant or withdrawal of the selection grade, which is linked to service conditions, regularization, and eligibility criteria (e.g., Anandi Lal Saini VS State of Rajasthan - Rajasthan, Kamal Kishore Joshi VS State of Raj. - Rajasthan, Rajendra Kumar Chahar VS State of Rajasthan - Rajasthan, Gulam Rasool Bisayati VS State Of Rajasthan - Rajasthan, MAHAVEER PRASAD TAPODI Vs. STATE OF RAJASTHAN - Rajasthan). The cause is often linked to the failure of the government or authorities to grant the selection grade from the initial appointment date or due to non-compliance with rules or service records.
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Eligibility and Service Counting: Courts consistently interpret rules such as the Rajasthan Service Rules, 1951 (Anandi Lal Saini VS State of Rajasthan - Rajasthan) and Notification dated 25.01.1992 (Gulam Rasool Bisayati VS State Of Rajasthan - Rajasthan) to determine that service for selection grade should be counted from the initial appointment or the date of regularization, provided the appointment was in accordance with rules. The effective date for counting service is crucial for eligibility (Gulam Rasool Bisayati VS State Of Rajasthan - Rajasthan, Anandi Lal Saini VS State of Rajasthan - Rajasthan).
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Higher Emoluments and Benefits: The selection grade is associated with higher emoluments, and denial of these benefits is recognized as a recurring issue (Kamal Kishore Joshi VS State of Raj. - Rajasthan, MOHAN LAL CHIPA S/O SHRI BADRI PRASAD Vs STATE OF RAJASTHAN THROUGH ITS PRINCIPAL SECRETARY - Rajasthan, etc.). Courts have consistently directed authorities to grant selection grades and related benefits, emphasizing that such claims are ongoing and cannot be restricted by time limitations.
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Impact of Health and Promotions: Cases involving health issues or declined promotions (e.g., MAHAVEER PRASAD TAPODI Vs. STATE OF RAJASTHAN - Rajasthan) show that withdrawal of selection grade or denial of benefits can be challenged, especially when based on non-compliance or procedural lapses.
Analysis and Conclusion
The core issue in selection grade claims is that they represent a recurring cause of action, meaning employees are entitled to seek benefits whenever eligible, regardless of time elapsed. Courts have consistently rejected the notion of limiting claims to a specific period, affirming that the right to selection grade arises repeatedly based on service conditions and eligibility criteria. The proper interpretation of service rules and notifications confirms that service counting from initial appointment or regularization is essential for eligibility. Denial or withdrawal of selection grade benefits is subject to judicial review, and authorities are directed to grant such benefits whenever the criteria are met, emphasizing the ongoing nature of these claims.
Search Results for "Selection Grade Recurring Cause"
2019 0 Supreme(Raj) 708 • India - Rajasthan
PUSHPENDRA SINGH BHATI
SELECTION GRADE - RAJASTHAN SERVICE RULES, 1951 - RULE 16(1) - The court held that the petitioners are entitled to selection grade ... The State of Raj. & Ors., which had held that the petitioners were entitled to selection grade on completion of 18 and 27 years of ... Final Decision: The court allowed the writ petitions and directed the respondents to grant selection grade to the petitioners ... The proposition of taking the relief only to the exte....
2005 0 Supreme(Raj) 1574 • India - Rajasthan
R.P.VYAS
deprived of higher salary every month which involve recurring cause of action – Order of rejection is erroneous – Quashed and set ... Service Matter – Grant of selection grade – Claimed from the date of initial appointment – Rejected – Appeal was dismissed on the ... confirmed on 30.3.1993 – Held – If the appointment was in accordance with the Rules, it was to be counted for the purpose of grant of selection ... The petitioner has been denied the benefit of selection grade#HL....
2023 0 Supreme(Raj) 1798 • India - Rajasthan
ARUN BHANSALI
for selection grade. ... (A) Service Law - Selection Grade - Writ Petition seeking selection grade benefits from the initial appointment date and revision ... ... ... Findings of Court: ... Petitioners' services to be counted for selection grade from initial appointment date in Irrigation ... This Court has granted indulgence in the present matter only because of the fact that the same is a recurring cause of ac....
2022 0 Supreme(Raj) 1467 • India - Rajasthan
REKHA BORANA
Selection Grade - Service Benefits - Notification dated 25.01.1992 - The judgment discusses the interpretation of proviso 3 to ... Clause 3 of the notification dated 25.01.1992, which determines the counting of service for the purpose of grant of selection grade ... The court emphasizes that the effective date for counting service for selection grade is the date of regularization in the cadre/ ... This Court has granted indulgence in the present matter only because of the fact that the....
2024 Supreme(Online)(RAJ) 30018 • India - High Court of Rajasthan (Jodhpur Bench)
MR. JUSTICE ARUN MONGA, J
grade in 1992, declined promotions due to health issues, and later had selection grade withdrawn by respondents. ... selection grade based on non-compliance with promotion orders - Similar cases granted relief by Tribunal. ... (A) Circular dated 25.01.1992 - Selection grade eligibility based on years of service and satisfactory service records - Petitioner ... The nature of relief and claim of the petitioner is based on recurring cause#HL_E....
• India - High Court Of Rajasthan
PUSHPENDRA SINGH BHATI
The proposition of taking the relief only to the extent of three years preceding cannot be accepted by this Court as the selection grade is a recurring cause of action and the claim on the selection grade cannot be barred by any kind of limitation. ... The selection grade satisfies higher emoluments only. If the government do not grant even the higher emoluments then the prescription of selection grade shall be of ....
• India - High Court Of Rajasthan
PUSHPENDRA SINGH BHATI
The proposition of taking the relief only to the extent of three years preceding cannot be accepted by this Court as the selection grade is a recurring cause of action and the claim on the selection grade cannot be barred by any kind of limitation. ... The selection grade satisfies higher emoluments only. If the government do not grant even the higher emoluments then the prescription of selection grade shall be of ....
• India - High Court Of Rajasthan
PUSHPENDRA SINGH BHATI
The proposition of taking the relief only to the extent of three years preceding cannot be accepted by this Court as the selection grade is a recurring cause of action and the claim on the selection grade cannot be barred by any kind of limitation. ... The selection grade satisfies higher emoluments only. If the government do not grant even the higher emoluments then the prescription of selection grade shall be of ....
• India - High Court Of Rajasthan
PUSHPENDRA SINGH BHATI
The proposition of taking the relief only to the extent of three years preceding cannot be accepted by this Court as the selection grade is a recurring cause of action and the claim on the selection grade cannot be barred by any kind of limitation. ... The selection grade satisfies higher emoluments only. If the government do not grant even the higher emoluments then the prescription of selection grade shall be of ....
• India - High Court Of Rajasthan
PUSHPENDRA SINGH BHATI
The proposition of taking the relief only to the extent of three years preceding cannot be accepted by this Court as the selection grade is a recurring cause of action and the claim on the selection grade cannot be barred by any kind of limitation. ... The selection grade satisfies higher emoluments only. If the government do not grant even the higher emoluments then the prescription of selection grade shall be of ....
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