Rajasthan High Court Upholds UGC Pay Scale Entitlement for Physical Education Teacher
Court Dismisses State's Intra Court Appeal with Cost for Non-compliance with Previous Orders
In a significant ruling, the Rajasthan High Court, Jaipur Bench, has dismissed an intra court appeal filed by the State of Rajasthan, thereby upholding the entitlement of Kamal Singh Choudhary, a Physical Education Teacher, to receive the pay scale prescribed by the University Grants Commission (UGC) from his initial appointment date. The decision, delivered by Justices Avneesh Jhingan and Baljinder Singh Sandhu, affirms an earlier judgment that granted Choudhary the UGC pay scale since his appointment on November 23, 1985.
The case originated when Choudhary, appointed temporarily in 1985 and later regularized in 1992, was denied the UGC pay scale from his initial appointment date. Despite a favorable ruling in 2013, which ordered the State to extend the UGC pay scale benefits from 1985, Choudhary faced prolonged non-compliance from the State, prompting further legal action.
The High Court emphasized that the issue of pay scale entitlement was conclusively decided in the 2013 writ petition, which attained finality after the dismissal of the State's previous intra court appeal in 2016. The State's failure to comply with the court's directive for over twelve years was noted as litigation misconduct, leading to the imposition of a cost of Rs.10,000 on the State.
The court rejected the State's argument that the impugned order relied erroneously on the 2013 decision without considering departmental circulars and service breaks. It underscored that these contentions were not permissible as the 2013 order had already resolved the matter, achieving finality between the parties.
This ruling marks a critical stance on ensuring compliance with court orders and protecting employees' rights to entitled benefits, stressing the importance of adhering to judicial decisions without unnecessary prolongation or challenge.
Bottom Line:
Entitlement to pay scale prescribed by UGC since initial appointment upheld; intra court appeal dismissed with cost.
Statutory provision(s): Service Law, Pay Scale, Res Judicata
