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2026 DAILYLAW 17472 (RAJ)

SURENDRA KUMAR SHARMA v. STATERURAL DEVEL AND PANCHAYAT RAJORS

CW/20116/2013 · 2026-01-30

Anand Sharma

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:4339] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 20116/2013 Surendra Kumar Sharma S/o Bhagwandutt Sharma, aged 51 years (DOB:01.12.1962), R/o Village & Post Balaran, District Sikar, presently working on the post of Teacher Grade-III at Govt. Upper Primary School, Madhopura,Panchayat Samiti Laxmangarh, Distt. Sikar. ----Petitioner Versus 1. The State of Rajasthan, through Principal Secretary, Rural Development and Panchayat Raj Department, Government of Rajasthan, Secretariat, Jaipur 2. The Director-Cum-Special Secretary, Rural Development and Panchayatiraj Department, Secretariat, Jaipur 3. The Chief Executive Officer, Zila Parishad, Sikar 4. The Panchayat Samiti, Laxmangarh, Distt. Sikar through its Development Officer. ----Respondents For Petitioner(s) : Mr. Hanuman Choudhary For Respondent(s) : Mr. Gopal Krishan Sharma, AGC Mr. Ashutosh Udawat with Mr. Prateek Saxena for Mr. Kapil Prakash Mathur, AAG HON'BLE MR. JUSTICE ANAND SHARMA Order 30/01/2026 1. This writ petition has been filed by the petitioner for seeking a direction against the respondents for annual grade increment/promotion/selection scale on 9, 18 and 27 years of service by computing his services w.e.f. the date of his initial appointment i.e. on 03.01.1985. 2. It is an admitted case of the petitioner that while, he was appointed on 03.01.1985 on the post of Teacher Grade-III, he was not possessing STC/BSTC certificate, and same has been acquired by the petitioner only in the year 2009. [2026:RJ-JP:4339] (2 of 2) [CW-20116/2013] 3. Learned counsel for the respondents submits that appointment of the petitioner was with a condition for acquiring the requisite qualification of STC/BSTC during service, which was also relevant for the purpose of grant of annual grade increment as well as other benefits. Learned counsel further submits that it has been held by the Hon'ble Supreme Court in the case of State of Rajasthan Vs. Jagdish Narain Chaturvedi reported in 2009 (12) SCC Page 49, that for the purpose of grant of selection scale, services of an employee can be counted only from the date of regular appointment. 4. In the instant case, the petitioner was regularly appointed only on acquiring the requisite qualification in the year 2009. Thereafter, benefit of first selection grade on completion of nine years of service has also been given to the petitioner by computing his services from the year of 2009. 5. Heard and considered. 6. In view of the above admitted fact that the petitioner has acquired qualification for STC/BSTC in the year 2009, and in the light of judgment of Hon'ble Supreme Court in the case of Jagdish Narain Chaturvedi (supra), the respondents have rightly granted benefit for selection grade on completion of nine years of service to the petitioner while computing his services from the date of acquiring the requisite qualification, there is no scope of interference in the instant writ petition, and the same is hereby dismissed. 7. Pending application(s), if any, also stand(s) disposed of. (ANAND SHARMA),J DIVYA /42