[2023:RJ-JD:35723] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3738/2022 Gopal Singh S/o Gordhan Singh, Aged About 70 Years, R/o Aakunda, Tehsil Didwana, Dist. Nagaur.
----Petitioner Versus
1. The State Of Rajasthan, Through Principal Secretary, Public Health Engineering Department, Government Of Rajasthan, Jaipur.
2. The Chief Engineer (Administration), Public Health Engineering Department, Government Of Rajasthan, Jaipur.
3. The Assistant Engineer, Public Health Engineering Department, Division Didwana, Dist. Nagaur.
4. The Director, Pension And Pensioners Welfare Department, Government Of Rajasthan, Jaipur.
----Respondents For Petitioner(s) : Mr. Dinesh Ojha. For Respondent(s) : Ms. Anjana Jawa.
HON'BLE MR. JUSTICE ARUN BHANSALI Order 18/10/2023
1. Heard.
2. It is submitted by learned counsel for the parties that the controversy involved in the present writ petition is squarely covered by a decision rendered in Sohanlal Mathur Vs. State of Rajasthan & Ors.:S.B.Civil Writ Petition No.3631/2008, decided on 17.11.2008, which has been affirmed by Apex Court in SLP (Civil) No.14932/2012.
3. Learned Single Judge of this Court, while deciding the case of Sohanlal (supra) has relied on an earlier judgment in Sharvan Kumar Vs. State of Rajasthan & Ors. (S.B.Civil Writ Petition No.2156/2007, decided on 05.09.2008). The Court held as under:-
"In view of whatever said above, this petition for writ deserves acceptance and, therefore, the same is allowed. The respondents are directed to (Downloaded on 12/11/2023 at 07:54:28 AM) [2023:RJ-JD:35723] (2 of 2) [CW-3738/2022] allow selection grade to the petitioner on completion of 18 years of service as per para 5 of the notifications dated 25.1.1992 and 17.02.1998. The petitioner is declared entitled for getting the pay scale of Rs.1400-2600 (Rs.5000-8000) as second selection grade on completion of 18 years of service and the pay scale of Rs.5500-9000 on completion of 27 years of service as the third selection grade. The entitlement as declared above is required to be executed by the respondents within a period of six months from today."
4. In this view of the matter, the instant petition is also allowed in the same terms and the petitioner is declared entitled for the grant of pay scale of Rs.5000-8000 instead of Rs.4000-6000 as third selection grade.
5. The entitlement as above be executed within a period of six months from today.
6. The order has been passed based on the submissions made in the petition, the respondents would be free to examine the veracity of the submissions made in the petition and only in case, the averments made therein are found to be correct, the petitioner would be entitled to the relief.
(ARUN BHANSALI),J 158-Sumit/-(Downloaded on 12/11/2023 at 07:54:28 AM)
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