LAWS(RAJ)-2014-7-145

KALYAN MAL SHARMA Vs. STATE OF RAJASTHAN

Decided On July 14, 2014
KALYAN MAL SHARMA Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THE petitioner has preferred this writ petition assailing the impugned order dated 04.06.1996 (Annex. 3) passed by District Education Officer, (Elementary Education), Bhilwara, whereby the said authority withdrew the selection grades to the petitioner with effect from 25.01.1992 and the same was re -determined by treating 20.02.1966 as the date of initial appointment of the petitioner.

(2.) THE controversy involved in the present case about the grant of selection grades to the petitioner, who was working as teacher, from the date of initial appointment or from a later date of regularization, is no more res -integra and the controversy is covered by the decision of the Hon'ble Supreme Court in the case of State of Rajasthan & Ors. Vs. Jagdish Narain Chaturvedi reported in : (2009) 12 SCC 49, wherein it has been held that the benefit of selection grade can be given only from the date of regular appointment and not from the date of initial/adhoc appointment. The relevant extract of the aforesaid judgment of the Hon'ble Apex Court is quoted herein below for ready reference: -

(3.) THUS , the issue that the petitioner is not entitled to grant of selection scale from his initial date of appointment, and only from the date of regularisation, is no more res -integra.