ASHOK KUMAR JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In these two writ petitions, the petitioner who was a member of the Judicial Service, has assailed the order of his compulsory retirement passed on 13.7.2004 and corrigendum dated 15.7.2004, while he was holding the post of Civil Judge (Sr.Division) cum Chief Judicial Magistrate, Banswara.

(2.) In Writ Petition No. 653/2006, petitioner has claimed the benefit of grant of Selection Scale with effect from May, 1996 and also the benefit of Super Time Scale, when it was given to his juniors. He has also claimed for promotion as Additional Distt. and Sessions Judge (Fast Track) and as ADJ on regular basis with effect from the date, his juniors were promoted. He has also claimed for the post retiral benefits to be recomputed.

(3.) The facts in short are that the petitioner was appointed as Civil Judge (Jr. Div.) on 31.12.1981 and he joined on 11.1.1982. He was placed at S.No.14, whereas Shri Hari Ram Jat was placed at S.No.15. He was promoted as Civil Judge (Sr.Div.) cum ACJM vide order dt.9.4.1996. Shri Hari Ram Jat was promoted as Civil Judge (Sr. Div.) cum ACJM vide order dt.26.5.1993. The grievance in the matter of promotion as Civil Judge (Sr. Div.) cum ACJM was redressed by order dated 2.6.1999 and it was ordered that he shall be deemed to have been promoted with effect from 26.5.1993. Thus, the wrong done with the petitioner vis-a-vis Hari Ram Jat was undone. He was further promoted as Chief Judicial Magistrate vide order dt.25.5.1999. Petitioner was discriminated in the matter of grant of Selection Scale. Hari Ram Jat was given the benefit of Selection Scale with effect from 25.5.1996 vide order dt.25.6.1999, whereas the petitioner was given the benefit of Selection Scale with effect from 25.1.1997 vide order Annex.3 dt.25.6.1999 filed in Writ Petition No.653/2006. However, the representation was made by the petitioner in the matter of discrimination meted out vis-a-vis his junior while granting Selection Scale. The charge sheet was issued on 7.10.1999 and he was suspended on 6.11.1999. The statement of Ms Asha Jain was recorded and the petitioner was not intimated of the next date in the enquiry. Another charge sheet was issued to the petitioner with respect to misuse of the vehicle in which he was exonerated vide order dated 18.11.2000. Thereafter, his suspension was revoked and he was reinstated vide order dated 12.7.2004. He was visited with compulsory retirement in terms of Rule 53 of the Rajasthan Civil Service (Pension) Rules, 1996. The order of compulsory retirement was passed on 13.7.2004.