STATE OF RAJASTHAN v. JAGDAMBA PRASAD CHOUDHARY S/O LATE SHRI RAM YASH CHAUDHARY
SAW/989/2022 · 2025-08-21
Avneesh Jhingan, Baljinder Singh Sandhu
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37211 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37211 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:32948-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 989/2022
1. State Of Rajasthan, Through Principal Secretary, Department Of Higher Education, Government Secretariat Jaipur.
2. The Director, College Education, Block-4, Shiksha Sankul, Jln Marg, Jaipur (Rajasthan). ----Appellants Versus
1. Jagdamba Prasad Choudhary S/o Late Shri Ram Yash Chaudhary, Aged About 60 Years, Resident Of 29, New Gopal Vihar, Lane-1, Baran Road, Kota-324001
2. University Grants Commission, Bahadur Shah Zagar Marg, New Delhi-110002 Through Its Secretary. ----Respondents For Appellant(s) : Mr.S.S.Naruka, AAG with Mr.Divyanshu Gupta, AGC For Respondent(s) : Mr.Sandeep Singh Shekhawat HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order 21/08/2025
1. This intra court appeal is filed by the State of Rajasthan aggrieved of order dated 05.05.2022 passed in SBCWP No.18347/2018. A bunch of petitions were decided by learned Single Judge involving the issue that the services rendered by the petitioners as Lecturers outside the State of Rajasthan should be counted for the purpose of granting selection scale and senior scale under the Career Advancement Scheme (CAS).
[2025:RJ-JP:32948-DB] (2 of 2) [SAW-989/2022]
2. Learned Single Judge relying upon decision of the Supreme Court in the case of Sharadendu Bhushan vs. Nagpur University, Nagpur and Ors. reported in AIR 1988 SC 335 allowed the petitions. The respondents were directed to consider the period of service rendered by the petitioners as Lecturer outside the State of Rajasthan for the purpose of granting them selection scale and senior scale under the CAS. In the present case, the respondent No. 1 is claiming benefit for the services rendered in Tribhuvan University, Rampur, Chitwan, Nepal.
3. The case in hand is factually different from the bunch of petitions decided by the learned Single Judge. The issue before the learned Single Judge was for counting service as Lecturer rendered outside the State of Rajasthan and not rendered on foreign soil.
4. In view of the above, the order dated 05.05.2022 passed by the learned Single Judge in SBCWP No.18347/2018 qua respondent No.1 (in the present case) is set aside and the matter is remitted for decision afresh of the writ petition.
5. The appeal is accordingly allowed.
(BALJINDER SINGH SANDHU),J (AVNEESH JHINGAN),J Monika/Anil Sharma/40