Rajasthan High Court - Jodhpur
Bhairo Bakas Acharya vs State Of Raj on 1 April, 2021
Bench: Dinesh Mehta
(1 of 3) [CW-5524/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5524/2021
Bhairo Bakas Acharya S/o Shri Raman Lal, Aged About 70 Years,
R/o Iii-D-12, Murlidhar Vyas Colony, Bikaner.
----Petitioner
Versus
1. State Of Raj, Through The Chief Secretary, Govt. Of
Rajasthan, Jaipur.
2. The Secretary, Medical, Health And Welfare Department,
Govt. Of Rajasthan, Jaipur.
3. The Additional Director (Admn.), Medical And Health
Services, Health Bhawan, Jaipur.
4. The Chie Medical And Health Officer, Bikaner.
----Respondents
For Petitioner(s) : Mr. Shashank Ojha for
Mr. Rajeev Purohit
JUSTICE DINESH MEHTA
Order
01/04/2021
Learned counsel for the petitioner states that the matter is
squarely covered by the judgment passed by this Hon'ble Court in
Dadam Das Vaishnav Vs. State of Rajasthan & Ors.
(S.B.Civil Writ Petition No.8309/2012, decided on
20.05.2013). The judgment reads as under :-
"The petitioner entered in the services of the
respondents, being appointed as Multipurpose Health
Worker (Male)under the order dated 11.2.1991 in the
pay-scale of Rs.950-1520. As a consequent to the
amendment introduced in Rajasthan Civil Services
(Revised Pay-scale) Rules, 1989, the pay-scale of
Rs.950-1680 was allowed to the petitioner while
(2 of 3) [CW-5524/2021]
serving as Multipurpose Health Worker(Male). The
respondents vide order dated 13.3.2002 allowed pay-
scale of Rs.3200-4900 as first selection grade w.e.f.
19.2.2000. The grievance of the petitioner is that
instead of the pay-scale of Rs.3200-4900, pay-scale
of Rs.4000-6000 should have been as the first
selection grade. It is submitted that the petitioner is
holding an isolated post, therefore, selection grade
should have been allowed to him as per para-5 of the
Government of Rajasthan circular dated 25.1.1992
and its subsequent order dated 17.2.1998.
A reply to the writ petition has been filed on
behalf of the respondents stating therein that the
petitioner, though, was working as Multipurpose
Health Worker (Male), but that is not a post isolated
one, as such, the pay-scale was allowed to him
pertaining to the first promotional post.
Heard.
The post of Health Worker (Male) (Ordinary
Scale) is prescribed under the Rajasthan Medical &
Health Subordinate Service Rules, 1965. Appointment
to this post is required to be made 100% by way of
direct recruitment. Under the Rules aforesaid, no
promotion avenue was available to the Multipurpose
Health Worker (Male) on the day the petitioner
became entitled to have the first selection grade, as
such selection grade is required to be given to the
petitioner as per para-5 of the Government of
Rajasthan circular dated 17.2.1998. Under the
notification aforesaid, the pay-scale applicable for the
petitioner is Rs.4000-6000. The respondents,
therefore, erroneously made fixation of the
petitioner's pay in the pay-scale of Rs.3200-4900
after awarding first selection grade.
As a matter of fact, the issue involved in this
petition for writ has already been adjudicated earlier
(3 of 3) [CW-5524/2021]
in the case of Asha Ram & Anr. Vs. State of Rajasthan
& Ors., (S.B. Civil Writ Petition No.5333/2006 decided
on 17.5.2013).
Having considered all the facts of the case, this
petition for writ for the reasons given deserves to be
accepted. Accordingly, the same is allowed. The
respondents are directed to allow first selection grade
to the petitioner in the pay-scale of Rs.4000-6000
w.e.f. 11.2.1991 and second & third selection grades
in terms of para-5 of the circulars dated 25.1.1992
and 17.2.1998. No order as to costs."
Learned counsel for the petitioner states that the petitioner
shall be satisfied if his representation is decided by the
respondents in light of the aforequoted precedent of Dadam Das
Vaishnav (supra).
In light of the aforequoted judgment, the writ petition is
disposed of with the direction to the respondents to decide the
representation of the petitioner in terms of aforementioned
judgment within a period of 30 days from today strictly in
accordance with law.
(DINESH MEHTA),J
98-A.Arora/-
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