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2025 DAILYLAW 8856 (RAJ)

PRAKASH CHAND JAIN AND ORS. v. RAJASTHAN AGRICULTURE UNIVERSI

CW/5328/2001 · 2025-08-06

Anand Sharma

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[2025:RJ-JP:30176] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5328/2001 1. Prakash Chand Jain S/o Shri Raju Lal Jain aged about 54 years R/o 63/52, Heera Path Mansarovar, jaipur. 2. Bajarang Lal Sharma S/o Shri Madan Lal Sharma aged about 43 years R/o 159, Arjun Nagar, Durgapura, jaipur. 3. Sita Ram Sharma S/o Shri Ram Kishan Sharma aged about 46 years R/o K-55-A, T-1 Extension, Mahavir Nagar, Tonk Road, Jaipur. 4. Ashok Kumar Verma S/o Shri Bhanwar Lal aged about 38 years R/o 147, Arjun Nagar, Durgapura, Jaipur. 5. Rajendra Kumar Kumawat S/o Shri Kalyal Mal Kumawat, aged about 35 years R/o E-714, Lalkothi Yojna, Jaipur. 6. Ashok Kumar Mathur S/o Shri Lalli Lal Mathur, aged about 40 years R/o D-143, Savitri Path, Bapu Nagar, Jaipur. 7. Gopi Ram Kumawat S/o Shri Nanag Ram aged about 50 years R/o Nangal Jaisa Bohra, Jaipur. 8. Jagdish Prasad Yadav S/o Shri Narayan Lal aged about 47 years R/o Village Tigaria, Tehsil Chomu District Jaipur. 9. Asan Das S/o Shri Dhanna Ram aged about 44 years R/o 62/442, Heera Path, Mansarovar, Jaipur. ----Petitioners Versus 1. Rajasthan Agriculture University Bikaner through its Registrar. 2. Agricultural Research Station (Rajasthan Agricultural University), Durgapura, Jaipur through its Incharge i.e. Associate Director (Research) ----Respondent For Petitioner(s) : Mr. Nitin Jain For Respondent(s) : None present HON'BLE MR. JUSTICE ANAND SHARMA Order 06/08/2025 1. The petitioners have prayed for direction against the respondents to grant benefit of selection grade on completion of 9, [2025:RJ-JP:30176] (2 of 3) [CW-5328/2001] 18 and 27 years of service by computing length of service from the date of their initial date of order of appointment as referred in Schedule-A appended to the writ petition. 2. Learned counsel appearing for the petitioners submitted that as per order dated 29.06.2001 revised from time to time, issued by the respondent-Government, benefit of selection grade is to be granted to every employee belonging to Class-IV Ministerial and Subordinate Cadre and while granting such benefit, his pay was required to be fixed in the pay scale of next promotional post. 3. Learned counsel for the petitioners submitted that while calculating the length of service of the concerned employees, their first date of appointment is relevant, however, the respondents have not granted them benefit of selection grade on completion of 9/18/27 years of service, as the case may be. 4. On the contrary, learned counsel appearing for the respondents would submit that the issue has already been settled by the State of Rajasthan & Ors. Vs. Jagdish Narain Chaturvedi 2009 (12) SCC 49 wherein, the Hon’ble Supreme Court has categorically held that services rendered by any employee as an ad hoc employee or temporary employee cannot be taken into account for the purpose of grant of selection grade and the benefit of selection grade can be granted by computing length of service from the date of regularization/confirmation. 5. In view of above, the plea raised by the petitioners for granting benefit of selection grade from the date of initial appointment, irrespective of mode of appointment, is not tenable in the eye of law. The petitioners are entitled for grant of benefit [2025:RJ-JP:30176] (3 of 3) [CW-5328/2001] of first/second/third selection grade on completion of 9/18/27 years of service, which is to be computed from the date of regular appointment/date of confirmation under the relevant service rules. 6. In case, any of the petitioner has been deprived of first/second/third selection grade as the case may be by computing their services on the date of confirmation/regular appointment, then the respondents are directed to grant such benefits to the petitioners and arrears thereof may also be sanctioned and released within three months of the date of passing of this order. 7. Accordingly, the present writ petition stands disposed of. (ANAND SHARMA),J NEERU/43