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2019 DIGILAW 1218 (RAJ)

Narendra Kumar Chobdar v. State of Rajasthan

2019-04-24

G.R. MOOLCHANDANI, MOHAMMAD RAFIQ

body2019
JUDGMENT 1. These appeals are directed against the interim orders dated 12.04.2018 and 02.01.2018 passed by the learned Single Judge in which the stay order passed in favour of the appellants/writ petitioners was vacated 2. Mr. M.R. Singhvi, learned Senior Advocate appearing for the appellants in Appeal No. 738/2018, Narendra Kumar Chobdar & Ors. v. State of Rajasthan & Ors. , has submitted that the learned Single Judge has vacated the stay order passed in favour of the appellants on a wrong assumption that the appellants had suppressed the fact about the previous writ petition in the new one. The learned Single Judge has observed that the factum of the filing of the earlier writ petition No. 2502/2017 was not disclosed in the subsequent writ petition wherein limited interim order was passed by this Court on 27.02.2017 staying recovery, though in the foot note, a fact has been scrambled by hand that Writ Petition No. 2394/2017 was pending. The learned Senior Counsel has taken the Court through Para-15 of the memorandum of the writ petition No. 15076/2017, out of which present appeals arise in which it was categorically mentioned that the petitioners have earlier filed writ petition before this Court being SBCW No. 2394/2017 and have reproduced the entire prayer thereof. There was no question of any concealment. Moreover, learned counsel has submitted that in this connection reference is made to the judgment dated 11.12.2014 passed in D.B. Civil Review Petition No. 95/2014, The State of Rajasthan & Anr. v. Narendra Kumar Chobdar & Ors. and other connected 6 review petitions. 3. In Para 24 of the aforesaid judgment, it was held by the Division Bench of this Court that the UGC pay-scales are not applicable to those teachers. Only those who were directly appointed with Sanskrit Colleges as Lecturers/PTIs/Librarians, were entitled to the UGC pay-scales from the date of their appointment in the Colleges and those teachers who were initially working as Sanskrit teachers and employees in the Schools, therefore, be given UGC pay-scales, only after they had joined the service in the Colleges. The learned Sr. Counsel has submitted that the case of the petitioner would fall in the category of the Sanskrit Teachers who have been granted the UGC Pay-scales from the date of their joining in the Colleges which is evident from Schedule-A appended to the writ petition. 4. Mr. The learned Sr. Counsel has submitted that the case of the petitioner would fall in the category of the Sanskrit Teachers who have been granted the UGC Pay-scales from the date of their joining in the Colleges which is evident from Schedule-A appended to the writ petition. 4. Mr. Manoj Bhandari, learned counsel for the appellants has submitted that the learned Single Judge has not only made incorrect observations with regard to the concealment of the fact by the appellants/writ petitioners Narendra Kumar Chobdar and Ors. but also vacated the stay order passed in the case of the appellants/writ petitioners Govind Sahay Bagariya and Om Prakash whereas, neither of them filed any writ petition previously. In their case, it was a fresh writ petition wherein both the orders dated 11.01.2017 and 17.02.2017 were challenged. 5. Taking into consideration of the submission of the learned counsels for the appellants and perusing the impugned order and also the judgment of the Division Bench of this Court, we are of the view that the learned Single initially passed an interim order. Petitioner was persuaded prima facie satisfaction based on which presumably observations were made by the Division Bench of this Court which order appears apparently not correctly appreciated by the respondents in the order dated 11.01.2017. The appellants having regard to another order of this Court D.B. Civil Special Appeal (Writ) No. 125/2015 also submitted that the observations made in that judgment cannot be applied because the appellants have been granted UGC pay-scales only from the date of their appointment in the Colleges. All these are debatable issues. The same are to be finally heard and decided. In the main writ petition which is still pending. We are, however, persuaded to allow the appeals and set aside the impugned order with a direction to the Registry to club all the writ petitions and list them for the final disposal at the admission stage on 22.05.2019 before the learned Single Judge.