SURESH CHAND GUPTA S/O SHRI BHAGWAN SAHAI GUPTA v. STATE OF RAJASTHAN THROUGH THE ADDITIONAL CHIEF SECRETARY
CW/16028/2018 · 2025-07-17
Sudesh Bansal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27487 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27487 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:26765] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16028/2018 Suresh Chand Gupta S/o Shri Bhagwan Sahai Gupta, Aged About 63 Years, R/o 25, 26, Scheme No. 3, Basant Vihar, Alwar, Rajasthan ----Petitioner Versus
1. State Of Rajasthan Through The Additional Chief Secretary, Department Of Higher Education, Govt. Of Rajasthan, Secretariat, Jaipur
2. The Commissioner, College Education, Dr. Radha Krishnan Shiksha Sankul, J.L.N. Marg, Jaipur ----Respondents For Petitioner(s) : Mr. Sunil Kumar Jain For Respondent(s) : Mr. Aditya Singh, Dy. GC HON'BLE MR. JUSTICE SUDESH BANSAL Order 17/07/2025
1. Petitioner, after his retirement, has claimed benefit of Career Advancement Scheme (CAS) for grant of senior selection scale and selection scale by calculating his period of ad-hoc service and has questioned order dated 04.04.2014, in respect of awarding senior selection scale to him w.e.f. 16.08.1990 instead of 01.01.1986 and selection scale w.e.f. 27.07.1998 instead of
01.01.1994. 2. Petitioner has pleaded and claimed that his first date of appointment is 01.01.1986, hence, he should have been granted senior selection scale w.e.f. 01.01.1986, instead of 16.08.1990. It is noteworthy that prior to awarding the senior selection scale to petitioner w.e.f. 16.08.1990 (Annx.8), he was awarded senior
[2025:RJ-JP:26765] (2 of 3) [CW-16028/2018] selection scale w.e.f. 01.06.1989 (Annx.5), however, that order came to be reviewed by the Committee. 3. Further, petitioner has claimed entitlement for the selection scale w.e.f. 01.01.1994, after completion of eight years from his initial date of appointment whereas he has been awarded selection scale w.e.f. 27.07.1998, after granting senior selection scale w.e.f.
16.08.1990. 4. The issue arose in the instant writ petition is no more res integra and has been set at rest by the Hon'ble Supreme Court vide judgment dated 06.08.2024 delivered in case of Rajasthan Agricultural University, Bikaner Vs. Dr. Zabar Singh Solanki & Ors. [AIR 2024 SC 3941]. In this judgment, the period of ad- hoc service, has been denied to be counted for the purpose of awarding benefit of CAS. For ready reference, the relevant portion of judgment i.e. para No.30 is being reproduced hereunder:
"Notably, the State Government vide its Letter dated 20.09.1994, had specifically clarified that the period of ad- hoc
service
rendered
by
the respondents/Assistant Professors shall not be counted for giving benefit of senior pay-scale under the CAS.
We have already elaborated supra that the CAS is essentially a policy, and as such, the respondents cannot claim, nor would they have any vested right for claiming that the clauses therein be interpreted in a particular manner. Such an interpretative exercise would have to be left, in the domain of the appellant, subject to the State Government’s directives unless
[2025:RJ-JP:26765] (3 of 3) [CW-16028/2018] patently perverse or arbitrary. The High Court, hence, was not justified in counting of the ad-hoc service rendered by the respondents for reckoning the period of computation as required for applying the CAS."
5. Counsel for petitioner is not in a position to show any other proposition of law which is contrary to the law as expounded by the Hon'ble Supreme Court in case of Rajasthan Agricultural University, Bikaner (supra). Hence, claim of petitioner for counting his adhoc period of service, to award benefit of CAS, does not survive. 6. As a result, the instant writ petition is hereby dismissed. 7. All pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J GAURAV/RONAK JAIMAN/14