Rajasthan High Court - Jodhpur
Pukhraj Bhati vs State Of Rajasthan on 22 February, 2021
Bench: Dinesh Mehta
(1 of 3) [CW-17440/2019]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
(1) S.B. Civil Writ Petition No. 17440/2019
Pukhraj Bhati S/o Kewal Ram Bhati, Aged About 74 Years, Bara
Lunech Agheva Road, Foji Circle, Jaitaran, District Pali.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Public Health And Engineering Department, Government
Of Rajasthan, Jaipur.
2. The Chief Personnel Officer, Head Quarter, Public Health
And Engineering Department, Rajasthan, Jaipur.
3. The Chief Engineer, Public Health And Engineering
Department, Jodhpur.
4. The Superintending Engineer, Public Health And
Engineering Department, Circle Pali.
5. The Assistant Engineer, Public Health And Engineering
Department, Sub-Division Jaitaran, District Pali.
----Respondents
Connected With
(2) S.B. Civil Writ Petition No. 17556/2019
Ghewar Chand Patel S/o Birdha Ram, Aged About 62 Years,
Kumharo Ka Bada Bass, Tehsil Bilara, District Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Public Health And Engineering Department, Government
Of Rajasthan, Jaipur.
2. The Chief Personnel Officer, Head Quarter, Public Health
And Engineering Department, Rajasthan, Jaipur.
3. The Chief Engineer, Public Health And Engineering
Department, Jodhpur.
4. The Superintending Engineer, Public Health And
Engineering Department, Circle Pali.
5. The Assistant Engineer, Public Health And Engineering
Department, Sub-Division Jaitaran, District Pali.
----Respondents
(2 of 3) [CW-17440/2019]
(3) S.B. Civil Writ Petition No. 18366/2019
Jagdish Lal S/o Shankar Lal Ji, Aged About 63 Years, R/o Village
Chandawal, Tehsil - Sojat, District- Pali.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Public Health And Engineering Department, Government
Of Rajasthan, Jaipur.
2. The Chief Engineer, Public Health And Engineering
Department, Jodhpur.
3. The Chief Personnel Officer, Head Quarter, Public Health
And Engineering Department, Rajasthan, Jaipur.
4. The Superintendent Engineer, Public Health And
Engineering Department, Circle- Pali.
5. The Executive Engineer, Public Health And Engineer
Department, Division- Pali.
6. The Assistant Engineer, Public Health And Engineering
Department, Sub-Division Sojat City, District- Pali.
----Respondents
For Petitioner(s) : Mr. Balveer Singh
Mr. RS Saluja
For Respondent(s) : Ms. Kamini Chouhan for
Ms. Anjana Jawa
JUSTICE DINESH MEHTA
Judgment
22/02/2021
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 of 3) [CW-17440/2019]
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
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
120-122-Rahul/-
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