Rajasthan High Court - Jodhpur
Kishan Lal vs State Of Rajasthan on 5 April, 2021
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 908/2020
Phula Ram S/o Shri Arjun Ram, Aged About 61 Years, By Caste
Jat, Resident Of Gram Post Dhadhar, Tehsil And District Churu
(Raj.).
----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 Superintending Engineer, Public Health Engineering
Department, Circle Churu, Churu (Raj.).
4. The Assistant Engineer, Public Health Engineering
Department, District Sub Division Churu, District Churu
(Raj.).
----Respondents
Connected With
S.B. Civil Writ Petition No. 9194/2020
Kishan Lal S/o Shankar Lal, Aged About 65 Years, By Caste
Meghwal, Resident Of Riktiya Malasi Ka Bas, Duliya, Sujangarh,
District Churu (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through The 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 Superintending Engineer, Public Health Engineering
Department, Circle Churu, Churu (Raj.)
4. The Assistant Engineer, Public Health Engineering
Department, Rural Subdivision Sujangarh Dist Churu
(Raj.)
(2 of 3) [CW-908/2020]
----Respondents
For Petitioner(s) : Mr. CS Bissa through Cisco Webex
App
For Respondent(s) : Ms. Anjana Jawa through Cisco
Webex App
JUSTICE DINESH MEHTA
Judgment / Order
05/04/2021
1. Heard.
2. It is submitted by learned counsel for the parties that the
controversy involved in the present writ petitions 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 :-
"In view of whatever said above, this petition for writ
deserves acceptance and, therefore, the same is allowed.
The respondents are directed to allow selection grade to the
petitioner on completion of 18 years of service as per para 5
of the notifications dated 25.01.1992 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 view of the above, the instant writ petitions are allowed
and the respondents are directed to give all the entitlement
(3 of 3) [CW-908/2020]
available to the petitioners strictly in terms of the judgment
rendered in case of Sohanalal Mathur (supra).
5. The petitioners herein shall file their representation claiming
the pay-scale in terms of judgment of Sohanlal Mathur (supra)
alongwith the certified copy of the order instant.
6. The respondents shall do the needful within a period of eight
weeks from receiving the same.
7. All interlocutory applications including stay applications stand
disposed of.
(DINESH MEHTA),J
82-83-Rahul/-
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