Rajasthan High Court - Jodhpur
Prithvi Singh vs State Of Rajasthan on 3 December, 2021
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16383/2021
1. Prithvi Singh S/o Dungar Singh, Aged About 65 Years, V/p
Chok, Tehsil Pokran, District Jaisalmer.
2. Lrs Of Late Jay Gopal Vyas, S/o Vasudev Vyas, Through-
3. Damyanti W/o Late Jay Gopal Vyas, Aged About 62 Years,
Guraniyon Ki Gali, Ward No.10, Tehsil Pokran, District
Jaisalmer.
4. Kheta Ram S/o Late Dalla Ram, Aged About 69 Years,
Village Nimba Ki Dhani, Post Sohada, Via Gida, District
Barmer.
5. Lrs Of Late Mangilal Sharma, S/o Sohanraj Sharma,
Through-
6. Jasraj Sharma S/o Late Mangilal Sharma, Aged About 48
Years, Sewago Ki Gali, Ward No.13, Tehsil Pokran, District
Jaisalmer.
7. Motilal Sharma S/o Late Mangilal Sharma, Aged About 43
Years, Sewago Ki Gali, Ward No.13, Tehsil Pokran, District
Jaisalmer.
----Petitioners
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Phed, Government Of Rajasthan, Jaipur.
2. The Chief Engineer (Administration), Government Of
Rajasthan, Jaipur.
3. Chief Personnel Officer, Head Quarter, Phed, Jaipur.
4. Additional Chief Engineer, Phed, Region-Ii, Jodhpur.
5. The Superintending Engineer, Phed, Rural Circle,
Jaisalmer.
6. The Executive Engineer, Phed, Rural Division- Pokran,
District Jaisalmer.
----Respondents
For Petitioner(s) : Mr. Suniel Purohit.
For Respondent(s) : Ms. Kamini Chouhan for Ms. Anjana
Jawa, Dy.G.C.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
03/12/2021
Heard.
It is submitted by learned counsel for the parties that the
controversy involved in the present writ petition is squarely
(2 of 2) [CW-16383/2021]
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.
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 25.1.1992 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."
In this view of the matter, the instant petition is also allowed
in the same terms and the petitioners are declared entitled for the
grant of pay scale of Rs.5000-8000 instead of Rs.4000-6000 as
third selection grade. Thereafter, petitioners' pay be revised as per
the Revised Pay-Scale Rules of 2008. The needful be done within a
period of three months from today.
The stay applications also stand disposed of accordingly.
(ARUN BHANSALI),J
52-Rmathur/-
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