Rajasthan High Court - Jodhpur
Shambhu Singh Jhala vs State Of Rajasthan on 11 August, 2021
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10362/2021
1. Shambhu Singh Jhala S/o Shri Laxman Singh Ji, Aged
About 67 Years, R/o Peer Bawaji Ki Gali, Gogunda, Last
Posted As Mpw At Block Chief Medical And Health Officer,
Gogunda, Distt. Udaipur.
2. Doongar Singh Mojawat S/o Shri Lal Singh Ji, Aged About
69 Years, R/o Kachhabha, Tehsil Gogunda, Last Posted As
Mpw At Block Chief Medical And Health Officer, Gogunda,
Distt. Udaipur.
3. Sukh Lal Jain S/o Shri Nemi Chand Ji, Aged About 75
Years, R/o Nandeshama, Tehsil Gogunda, Last Posted As
Mpw At Primary Health Centre, Sayara, Distt. Udaipur.
4. Mangi Lal Soni S/o Kalu Lal Ji, Aged About 78 Years, R/o
Gogunda, Tehsil Gogunda, Last Posted As Mpw At Primary
Health Centre, Sayara, Distt. Udaipur.
5. Magan Lal Joshi S/o Shri Modi Ram Ji, Aged About 71
Years, R/o Brahmano Ka Kalwana, Tehsil Gogunda, Distt.
Udaipur, Last Posted As Mpw At Bcmo Gogunda, Distt.
Udaipur (Rajasthan).
6. Vijay Singh Chohan S/o Shri Mod Singh Ji, Aged About 75
Years, R/o Jaswantghar, Tehsil Gogunda, Distt. Udaipur,
Last Posted As Mpw At Phc Saryra, Dist. Udaipur
(Rajasthan).
7. Smt. Laxmi Bai W/o Late Shri Manna Ram Ji, Aged About
66 Years, R/o Rawalian Kalan, Tehsil Gogunda, Distt.
Udaipur, Late Shri Manna Ram Last Posted As Mpw At
Nandeshama, Block Phc Saryra, Distt. Udaipur
(Rajasthan).
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Medical And
Health Department, Jaipur (Rajasthan).
2. The Joint Director (Administration), Medical And Health
Department, Jaipur (Rajasthan).
3. The Chief Medical And Health Officer, Udaipur
(Rajasthan).
(2 of 3) [CW-10362/2021]
4. The Block Chief Medical And Health Officer, Gogunda,
Distt. Udaipur (Rajasthan).
----Respondents
For Petitioner(s) : Mr. N.M. Vyas
For Respondent(s) :
JUSTICE DINESH MEHTA
Order
11/08/2021
1. Learned counsel for the petitioners submits that the matter
is squarely covered by the judgment passed by this 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 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 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 him
pertaining to the first promotional post.
Heard.
The post of Health Worker (Male) (Ordinary
Scale) is prescribed under the Rajasthan Medical &
(3 of 3) [CW-10362/2021]
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 go 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
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 deserved 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 orders as to costs."
2. Learned counsel for the petitioners states that the petitioners
shall be satisfied if their representation is decided by the
respondents in light of the aforequoted judgment of Dadam Das
Vaishnav (supra).
3. In light of the aforequoted judgment, the writ petition is
disposed of with the direction to the respondents to decide the
representation of the petitioners in terms of Dadam Das
Vaishnav's case(supra) within a period of 30 days from today
strictly in accordance with law.
(DINESH MEHTA),J
180-skm/-
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