Rajasthan High Court - Jodhpur
Bhanwar Singh And Anr vs State And Ors on 30 January, 2023
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10333/2015
Bhanwar Singh And Anr.
----Petitioner
Versus
State And Ors.
----Respondent
For Petitioner(s) : Mr. Yashpal Khilree
For Respondent(s) : Ms. Vandana Bhansali, AGC with
Mrs. Anamika Bishnoi
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment
Reserved on 20/01/2023
Pronounced on 30/01/2023
1. This civil writ petition under Article 226 of the Constitution of
India has been preferred claiming the following reliefs:
"a) a writ, order or direction in the appropriate nature may
kindly be issued in favour of the petitioners and the
respondents may be directed to make the pay fixation of
the petitioners in the grade pay of Rs.4200/- in the running
pay band of Rs.9300-34800 w.e.f. 01.09.2006, and to
revise the salary/pension of the petitioners accordingly as
per the revised pay scale Rules amended from time to time
without any delay with all consequential benefits;
b) That the respondents may further be directed to grant
the benefit of grade pay of ACP correctly in accordance
with the Memorandum dated 05.07.2013 issued under the
Rajasthan Civil Services (Revised Pay Scale) Rules, 2008
and amendments from time to time;
c) That the respondents may further be directed to pay the
due arrears to the petitioners on account of delay along
with simple interest at the rate of Rs.18% per annum.
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d) by an appropriate writ, order or direction be pleased to
declare the office order Annex.17 dated 26.08.2013 unjust,
arbitrary & illegal and same may kindly be quashed and set
aside to the extent of the petitioners;
e) That any other order or direction which this Hon'ble
Court deem fit and proper in the facts and circumstances of
the case may kindly be passed in favour of the petitioners."
2. Brief facts of the case, as placed before this Court by learned
counsel for the petitioners, are that the petitioners initially
entered the service of the respondent-Department as field
worker on regular basis; whereafter, upon acquiring the requisite
eligibility, they were appointed on the post of Superior Field
Worker. The petitioners had joined their duties on the said post
on 12.06.1973 and 07.11.1978 respectively. The petitioners
were confirmed on the post of Superior Field Worker on
19.03.1986 and 24.11.1984 respectively. Thereafter, the
respondents vide order dated 02.01.1992, amalgamated the
posts of the Superior Field Worker, Field Worker, and Cholera
Worker and re-designated the same as 'Health Worker'.
2.1. Thereafter, a circular dated 03.09.1996 was issued by the
Joint Director, Medical and Health Officer (Malaria), Jodhpur as
well as the Joint Director, Medical and Health Services, Jaipur
Zone, Jaipur, in pursuance of the State Government's order
dated 30.11.1994, directing that all the Superior Field Workers,
Field Workers and Cholera Workers, who were amalgamated as
above, are required to complete the three months necessary
training. Furthermore, the said circular says, that the persons,
who have completed such training, shall be granted the pay
scale of Rs.950-1680 as Health Workers, w.e.f. 02.01.1992.
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2.1. As per the Rajasthan Civil Services (Revised Pay Scale)
Rules, 2008, the pay scale of the petitioners was revised and
fixation of their pay was made in the pay band of Rs.9300-34800
with a grade pay of Rs.4200, but vide order dated 26.08.2013,
the grade pay was reduced to Rs.3600/-. The respondents vide
office order dated 13.07.2015 sanctioned the increase in the
annual grade increments for the petitioners and other Heath
Workers and again petitioners were granted the pay grade of
Rs.3600/-, instead of Rs.4200/-, whereas grade of Rs.4200/-
has been accorded to certain other health workers, despite the
petitioners being senior to them.
3. Learned counsel for the petitioners further submitted that a
great financial loss is being caused to the petitioners, on count of
the aforementioned inaction on the part of the respondents; the
grade pay of the petitioners was reduced from 4200/- to 3600/-
without any opportunity of hearing them.
4. Learned counsel for petitioners further submitted that the
Superior Field Workers should be placed at a higher pedestal
than that of the Field Workers and they should be given pay
scale of Rs. 730-1250. In support of such submission, learned
counsel placed reliance on the judgment rendered by a
coordinate Bench of Jaipur of this Hon'ble Court in the case of
Hiraman Mali Vs. State of Rajasthan & Ors. (S.B. Civil Writ
Petition No. 4136 of 1998 decided on 02.01.1992, alongwith
the case of Omprakash Vs. State of Rajasthan & Ors. (S.B.
Civil Writ Petition No. 4137 of 1998) and Rajasthan Urban
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Malaria Employees Federation & Ors. Vs State of
Rajasthan & Ors (S.B. Civil Writ Petition No. 3165/1996
decided on 04.02.2010).
5. On the other hand, learned counsel for the respondents
opposed the submissions made on behalf of the petitioners and
submitted that vide order dated 30.11.1994 issued by the
Department of Personnel (Gr.2) Rajasthan, Jaipur and direct that
all the Superior Field Workers, Field Workers, and Cholera
Workers who were appointed in the Department upto
02.01.1992, are amalgamated and re-designated as Health
Workers, provided they had undertaken three months mandatory
training.
5.1. He further submitted that the petitioners have not
undergone three months mandatory training, and only the
persons who had undergone the said training period, were held
eligible for the pay scale of Rs. 950-1680 from 02.01.1992, and
therefore, the said pay scale was not applicable to the
petitioners. The petitioners were only Xth pass and they did not
complete three months necessary training, as per rules and
therefore they cannot be treated as equivalent to Health
Workers.
6. Learned counsel for the respondents further submitted that
reduction of the grade pay of the petitioners vide order dated
26.08.2013 was done, strictly in accordance with law; moreover,
the petitioners, were not falling under the category of Heath
Workers, and thus, no question arises so as to afford them an
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opportunity of hearing.
7. Heard learned counsel for the parties as well as perused the
record of the case, alongwith the judgments cited at the Bar.
8. This Court finds that the judgment rendered in the case of
Hiraman Mali (Supra) and the connected case of
Omprakash (Supra) was on 02.01.1992, while the order dated
30.11.1994 was issued by the Department of Personnel (Gr.2)
Rajasthan, Jaipur, directing that all the Superior Field Workers,
Field Workers, and Cholera Workers who were appointed in the
Department upto 02.01.1992 are required to undertake the
three months necessary training, who thereafter, would become
eligible for the pay scale, as mentioned in the said order.
9. This Court further finds that the three months training was
made mandatory for the personnel serving in the medical
department, as mentioned in the aforementioned order, and
thus, the order issued by the respondents is justified in law.
Thus, looking into the overall facts and circumstances of the
present case, and the material placed on the record, this Court
does not find any case to be made out so as to warrant any
interference by this Court.
10. Consequently, the present petition is dismissed. All pending
applications stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
SKant/-
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