State of Rajasthan v. Hemlata D/o Shri Khachey Singh Jadon
2017-12-20
DINESH CHANDRA SOMANI, PRADEEP NANDRAJOG
body2017
DigiLaw.ai
ORDER : D.B Civil Misc. Application No. 1055/2017: 1. For the reasons mentioned in the application the delay in filing the appeal is condoned. The application is allowed. D.B Special Appeal(W) No. 1829/2017: 2. Other defects waived. 3. Heard learned counsel for the appellants. 4. The respondent had two claims in the writ petition. The first claim was that previous service rendered be reckoned for purposes of seniority, grant of selection scale, service rendered and gratuity. The second claim was that when she successfully cleared the selection process and was offered appointment as a Nurse Grade-II, for period of probation she had to be placed in the regular pay scale and the decision by the State Government to pay her fixed remuneration in sum of Rs. 10,000/- per month was illegal. 5. On the first issue the learned Single Judge has given a declaratory relief by declaring that whatever is the decision taken by the Division Bench of this Court in D.B Civil Special Appeal(W) No. 532/2016, shall bind the parties. Thus, the appellants cannot have any grievance concerning the said declaratory relief. 6. As regards the latter, in the decision dated 29.07.2015 in D.B Civil Writ Petition No. 2963/2007, Gopal Kumawat v. The State of Rajasthan, the view taken is that a person who is appointed against a sanctioned post after following the process of appointment, during probation period cannot be paid a fixed monthly salary. The person will be entitled to salary as per the scale applicable to the post in question. Leave to Appeal against said decision has been granted by the Supreme Court but stay has been declined. Thus, as regards this Court, this issue decided by the learned Single Judge is a covered matter. 7. Accordingly, the writ appeal is dismissed.