Mangilal vs State Of Rajasthan
2021 Latest Caselaw 10044 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11991/2019

Mangilal S/o Shri Moti Ram Ji, Aged About 77 Years, Resident Of Paliwalon Ka Bas, Cherai, Tehsil Tiwari, District Jodhpur.

----Petitioner Versus

1. 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, Sawasthya Bhawan, Jaipur.

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

5. Chief Medical And Health Officer, Jodhpur.

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

----Respondents

For Petitioner(s) : Mr. Manoj Bohra, through Cisco Webex App For Respondent(s) : Ms. Vandana Bhansali

JUSTICE DINESH MEHTA

Order

05/07/2021

I.A. No.1/2021

For the reasons stated the application for preponment of the

date is allowed.

Since the matter is said to be covered, the same is taken up

for consideration today itself.

(2 of 2) [CW-11991/2019]

SBCWP No.11991/2019

Learned counsel for the parties submit 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.

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."

In view of the above, the present writ petition is allowed in

terms of the aforesaid judgment dated 17.12.2015 passed in case

of Govind Dan Charan (supra).

The stay application also stands disposed of.

(DINESH MEHTA),J

112-skm/-

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