Smt. Uchchhav Kanvar vs The State Of Rajasthan
2021 Latest Caselaw 12817 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13561/2018

Smt. Uchchhav Kanvar W/o Late Shri Berishal Dan, Aged About 61 Years, Village Dantli, Tehsil Rajgarh, District Churu.

----Petitioner Versus

1. The State Of Rajasthan, Through Secretary To The Government, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.)

2. Secretary, Finance Department, Government Of Rajasthan, Secretariat, Jaipur.

3. Director, Medical Health And Family Welfare Department, Swasthya Bhawan, Jaipur.

4. Additional Director (Admn.), Department Of Medical And Health, Swasthya Bhawan, Jaipur.

5. Chief Medical And Health Officer, Churu

6. Joint Director, Pension And Pensioner Welfare Department, Bikaner.

                                                                 ----Respondents


For Petitioner(s)        :     Mr. Mahesh Bohra
For Respondent(s)        :



                    JUSTICE DINESH MEHTA

                                    Order

16/08/2021

1. Learned counsel for the petitioner submits that the issue

involved in the present petition, regarding correct fixation in the

pay-scale upon completion of 18 and 27 years of service and

consequential re-fixation of pension, gratuity and other retiral

benefits, is squarely covered by judgment of this Court in D.B.

Civil Special Appeal (Writ) No.1068/2014 (Govind Dan Charan Vs.

(2 of 2) [CW-13561/2018]

State of Rajasthan & Ors.), decided on 17.12.2015, along with a

batch of similar Special Appeals, with following directions-

"In view of the above discussion, the appeals filed by the appellants are allowed. The order dated 15.04.2014 passed by the learned Single Judge in all the writ petitions is set aside, the writ petitions filed by the petitioners-appellants are allowed to the extent that the appellants would be entitled to selection grade and get fixation in the pay-scale of Rs.975-1720, 1200-

2050 and 1640-2900 (5500-9000) on completion of 9, 18 and 27 years of service respectively in terms of judgment in the case of Jagdish Narain Chaturvedi (supra), i.e. from the date of regular appointment.

The required exercise would be completed by the respondents within a period of three months from the date of this judgment."

2. In view of the above, the present writ petition is

disposed of with a direction to the petitioner to submit a

representation before the respondents along with a copy of the

order instant as well as the judgment passed by this Court in the

case of Govind Dan Charan (supra) within a period of two weeks.

3. On receipt of the representation so submitted by the

petitioner, the competent authority shall decide the same in

accordance with law as early as possible, preferably within a

period of six weeks thereafter.

4. The stay application also stands disposed of.

(DINESH MEHTA),J

223-skm/-

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