Rajasthan High Court – Jodhpur
Khemaram vs State Of Rajasthan (2026:Rj-Jd:18730) on 21 April, 2026
Author: Anand Sharma
Bench: Anand Sharma
[2026:RJ-JD:18730]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5491/2026
Khemaram S/o Shri Sitaram Jat, Aged About 65 Years, R/o
Village Khodva, Tehsil Mundwa, District Nagaur, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education (School), Govt. Of Rajasthan, Jaipur.
2. The Director, Department Of Elementary Education,
Rajasthan Directorate, Bikaner.
3. The Director, Department Of Secondary Education,
Rajasthan Directorate, Bikaner.
4. District Education Officer (Secondary Education), Nagaur.
5. District Education Officer (Elementary Education), Nagaur.
6. Panchayat Samiti, Mundwa, Through Development Officer,
District Nagaur.
7. Chief Executive Officer, Zila Parishad, Nagaur.
----Respondents
For Petitioner(s) : Mr. Raghvendra Mundel
For Respondent(s) : Mr. N.K. Mehta, Dy.G.C.
Mr. Piyush Bhandari for
Mr. Parveen Khandelwal, AAG
Mr. Bhupesh Charan
HON'BLE MR. JUSTICE ANAND SHARMA
Order
21/04/2026
1. This writ petition has been filed by the petitioner praying for
direction against the respondents to grant benefit of selection
grade to the petitioner on completion of 9, 18 & 27 years of
service by computing his service from the date of initial
appointment.
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2. It is stated that the petitioner was initially appointed on the
post of Teacher Grade-III vide order dated 18.07.1984 issued by
the Panchayat Samiti, Mundawa, District Nagaur on temporary
basis for a period of six months or till availability of regularly
selected candidates.
3. Learned counsel for the petitioner submits that thereafter
the order dated 09.05.1988 was issued by the Development
Officer, whereby services of the petitioner were confirmed w.e.f.
19.07.1986.
4. It is submitted that in view of circular dated 25.01.1992
issued by the Finance Department of Government of Rajasthan,
revised from time to time, benefit of first grade selection on
completion of nine years service was granted to the petitioner
whereby length of service of nine years was taken into
consideration w.e.f. date of initial appointment i.e. 19.07.1986,
thereafter also further benefits of selection grade of ACP were
granted to the petitioner by calculating his length of service from
the date of initial appointment.
5. Grievance of the petitioner is that after retirement of the
petitioner, the respondents, in quite arbitrary and illegal manner,
revised the benefits of selection grades earlier granted to the
petitioner by computing his services from subsequent date i.e. the
date of regularization by the standing Committee.
6. Learned counsel for the petitioner relies upon the judgment
of Division Bench of this Court in the case of State of Rajasthan
& Ors. vs. Chandra Ram (D.B. Special Appeal Writ
No.589/2015 decided on 07.07.2017 which has been considered
and followed by Co-ordinate Bench of this Court in S.B. CWP
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No.13089/2023 Khem Raj Nagda & Ors. vs. State of
Rajasthan & Ors. decided on 09.10.2023.
7. Learned counsel for the petitioner further submits that this
case of the petitioner is similar to the case of State of Rajasthan
& Ors. vs. Chandra Ram (supra).
8. Learned counsel for the respondents opposed the writ
petition and submits that Hon’ble Supreme Court in the case of
State of Rajasthan vs. Jagdish Narain Chaturvedi (2009) 12
SCC 49 has held that for the purpose of selection grade services
of an employee are to be considered from the date of
regularization and in the instant case, the date of regularization of
the petitioner is subsequent, therefore, for the purpose of grant of
selection grade, services of the petitioner cannot be taken into
consideration from the date of initial appointment.
9. However, learned counsel for the respondents has not disputed
that similar controversy has been decided by Division Bench of
this Court in the case of State of Rajasthan & Ors. vs. Chandra
Ram (supra) where following directions have been issued:-
“While replying to the said issues, the Division Bench
held as under:
“37. QUESTION A
For the reasons and discussions aforesaid and in view of
the law declared by the Supreme Court in the case of
Jagdish Narain Chaturvedi and Surendra Mahnot & Ors.
(supra); we are of the opinion that the respondent –
employee would stand regularized from the date of
regularization in service and not prior to that.
38. QUESTION B
Taking into consideration the recent decision, prior to two
decades the regularization period was not questioned by
anybody, therefore, in a writ petition filed by the petitioner
it will not be appropriate for us to allow the Government to
end the regularization. However, regularization will be
from the date of regularization done by the department
and not prior thereto.
39. QUESTION C
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The contention of the counsel for the employees is
required to be accepted and it cannot be annulled unless it
has been annulled by appropriate authority. However, the
benefits shall not be withdrawn but in future when the
benefits are to be accorded for further promotion, the
same will be considered on the basis of new law declared
by the Supreme Court i.e. period will be considered from
the date of regularization. When the future benefit of 9, 18
and/or 27 will be considered their ad-hoc service will not
be considered for the purpose of benefit of 9, 18 and/or 27
years. But if benefit has already been granted for all the
three scales; the same shall not be withdrawn and no
recovery will be made from the employees.
40. QUESTION D
In view of our answer in above matters, it is very
clear that for the purpose of regularisation the date of
regularisation will be from the date of regular
appointment. In that view of the matter, there cannot be
two dates for the purpose of seniority and the other
benefits. However, earlier services will be considered for
the purpose of the same if there is a shortage in
pensionary benefits.
41. QUESTION E
In view of the observations made by the Supreme
Court, as referred to above, the ad-hocism will not be
considered for seniority. In that view of the matter, there
will be only one date for regularization, date of
regularizing ad-hoc period will not have any effect on
seniority. In our considered opinion, the Division Bench of
this Court in the case of State of Rajasthan & Ors. vs.
Gopa Ram in DB Civil Special Appeal No.44/2016, decided
on 18.04.2016 had no right to distinguish the judgment of
the Supreme Court in the case of Jagdish Narayan
Chaturvedi (Supra) and State of Rajasthan vs. Surendra
Mohnot & Ors.(supra). Thus, the decision of State of
Rajasthan & Ors. vs. Gopa Ram (supra) did not lay down
correct law. The correct law would be the law declared by
the Supreme Court in the two judgments referred
hereinabove.”
10. In view of the consensus arrived at between the parties, this
Court deems it just and proper to dispose of the writ petition in
the light of the judgment of State of Rajasthan & Ors. vs.
Chandra Ram (supra). The respondents shall examine the case
of the petitioner in light of the above decision and in case the
petitioner is entitled as per the above judgment for getting
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benefits of selection grade from the date of initial appointment,
the amount, if any, recovered from the petitioner shall be
refunded back to the petitioner.
11. The petitioner shall also be at liberty to submit a
representation for claiming other benefits connected with grant of
selection scale.
12. Pending application(s), if any, shall also stand disposed of.
(ANAND SHARMA),J
Neeru/54
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