ASHOK KUMAR BHATNAGAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) COUNSEL for the petitioner submits that the present case is squarely covered by the judgment of this court dated 29th of August 2007 passed in S.B.Civil Writ Petition No. 7474/2006 titled as Vishwambhar Dayal Sharma Vs. State of Rajasthan & Ors. whereby the the impugned order dated 23.05.2006 was quashed and the respondents were directed to make new fixation of the petitioner in the light of the aforesaid judgment in Mool Singh. The respondents were further directed to pass consequential order of re-fixation as well as revision of pension within a period of one month. COUNSEL for the petitioner further submits that all the aforesaid matter relates to the pay fixation of the Vice-Principal and against the judgment of this Court dated 09.05.2007 passed in S.B.Civil Writ Petition No. 4548/2005 titled as Mool Singh Vs. State of Rajasthan & Ors. an special appeal No. 1565/2008 was filed and the same was dismissed by the Division Bench of this Court. Similarly, the appeal filed against the judgment dated 29th of August 2007 deliver in Vishwambhar Dayal Sharma (supra) was also dismissed by the Division Bench. COUNSEL for the State does not dispute the aforesaid legal position.

(2.) IN view of the above, the impugned orders in the present case dated 31.10.2008 (Annexure/6) and 19.11.2008 (Annexure-7) are quashed and set aside with a direction to the respondents to make a new fixation of the petitioner in the light of the aforesaid judgment in Mool Singh within a period of two months from today. The writ petition is disposed of accordingly.