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S.B. Civil Writ Petition No.2803/2009
Shyam Sunder. VS. State of Raj. and others.
Date : 17.2.2010
HON'BLE MR. PRAKASH TATIA, J.
Mr.DS Rajvi, for the petitioner.
Mr.IS Pareek, for the respondents.
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Heard learned counsel for the parties.
The petitioner has submitted an application
stating therein that the controversy has already
been decided by this Court in SB Civil Writ
Petition No.6698/2003 (Om Prakash vs. State of
Rajasthan & Ors.) decided on 1.6.2007 and against
the said judgment, DB Special Appeal has already
been dismissed and, therefore, this writ petition
may also be decided in the light of the above
judgment. It is also submitted that the said
judgment was followed in yet another case of
Girdhari vs. State of Rajasthan & Ors. (SB Civil
Writ Petition No.6294/2008) decided on 26.2.2009
and copy of which is placed on record.
Learned counsel for the respondents does not
dispute this position.
In view of the above, this writ petition is
allowed, the impugned order Annex.6 dated
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29.12.2001 which was issued on 22.3.2003 is set
aside and the respondents are directed to allow
the pay scale of Rs.5500-9000 to the petitioner
after completion of 18 years of satisfactory
service. The petitioner shall be entitled for all
the consequential benefits as a consequence of
grant of the selection grade of Rs.5500-9000 on
completion of 18 years service. There shall be no
order as to costs.
(PRAKASH TATIA), J.
S.Phophaliya