POONAM CHAND SONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The controversy about the grant of selection scale from the date of regularization and not from the date of initial appointment is no longer res-integra as concluded by the Hon'ble Supreme Court in the case of State of Rajasthan & Ors. Vs. Jagdish Narain Chaturvedi, 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:-

(2.) The Division Bench decision of this Court following the law laid down by the Hon'ble Apex Court in the case of Jagdish Narain Chaturvedi decided the intra-court appeal filed by the State being DBSAW No. 382/2013-State of Rajasthan & Ors. Vs. Karan Singh along-with 16 connected intra-court appeals, decided on 25.03.2014 headed by Hon'ble the Chief Justice, has held as under:-

(3.) Therefore, prima facie, the writ petition filed by the petitioner deserves to be dismissed as the petitioner is claiming his selection scale from the date of his passing the qualifying typing test vide order dated 05.10.1981 and not his regularization w.e.f. 18.01.1984 vide order (Annex. 5). Learned counsel for the petitioner also pointed that the respondents have given the benefit of pay increments from 01.04.181 and not from 18.01.1984 under the order Annex. 5 and, therefore, they are bound to give the benefit of selection scale accordingly from 05.10.1981.