IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.5971/2010 Smt. Prakash Dhanawat & Ors. vs. State & Ors. Date of order : 28/4/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Hanuman Choudhary for the petitioners. ******
Shri Hanuman Choudhary, learned counsel for the petitioners has argued that the controversy raised in this writ petition is squarely covered by decision of the coordinate bench of this Court in Smt. Manju Rani Nadheria & Ors. vs. State & Ors., S.B. Civil Writ Petition No.2156/07 and connected writ petitions decided by judgement dated 5.3.2010, in which the following directions were issued.
Consequently, all the writ petitions succeed and are hereby allowed; orders impugned dt.12/02/08 (Ann.3-CWP-755/2009 & Ann.1 in CWP-14144/2008); dated 18/03/2006 (Ann.1-CWP-7027/2009); & dated 24/02/2007 (Ann.9-CWP-2156/2007), revising selection scale granted earlier and consequential notices for making recovery from their salary are hereby quashed & set aside. However, respondents are directed to consider cases of petitions for grant of 1st selection scale of the post of ACDPO on completion of ten years’ service and 2nd selection scale of the post of CDPO on completion of further nine years’ service (viz. total 19 years (10+9) service); and if found suitable for grant of selection scales (supra), their fixation be accordingly made along with consequential benefits and after adjustment of payment already made, arrears if any payable, be paid to them. All exercise to comply with directions (supra) be made within four months from today. No order as to costs.
Having regard to the fact that this issue has already been settled by judgement of this Court in Smt. Manju Rani Nadheria, supra, I require the petitioners to make a representation to the Director, Women & Chief Development Department, Government of Rajasthan, Jaipur who shall examine the case of each of the petitioners and if their cases are found to be covered by the aforesaid judgement, accord similar treatment to each of the petitioners in keeping with the law laid down by this Court in Smt. Manju Devi Nadheria, supra and pass appropriate orders with regard thereto within two months from the date such representation is made.
The writ petition is disposed of.
(MOHAMMAD RAFIQ), J.
RS/