Rajasthan High Court - Jodhpur
Laxman Das Vaishnav vs The State Of Rajasthan on 22 July, 2021
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 8931/2021
1. Laxman Das Vaishnav S/o Amar Das, Aged About 70
Years, R/o Salumbar, District Udaipur.
2. Mathuradas Vaishnav S/o Roop Das, Aged About 67
Years, R/o Ashpur, District Dungarpur.
3. Devichand Jain S/o Moti Chand, Aged About 71 Years, R/o
Ashpur, District Dungarpur.
4. Maina Devi W/o Jayanti Lal Jain, Aged About 62 Years, R/
o Ashpur, District Dungarpur.
5. Leela Devi W/o Ganesh Lal Rot, Aged About 77 Years, R/o
Ashpur, District Dungarpur.
6. Sharkar Lal S/o Thavra Ji, Aged About 79 Years, R/o
Ashpur, District Dungarpur.
7. Lakmi Lal Rot S/o Dhula Ji, Aged About 80 Years, R/o
Ashpur, District Dungarpur.
8. Suraj Devi W/o Nathu Lal Baranda, Aged About 30 Years,
R/o Ashpur, District Dungarpur.
9. Shakar Lal S/o Dhula Ji Rot, Aged About 82 Years, R/o
Ashpur, District Dungarpur.
10. Heera Lal Damor S/o Dulji, Aged About 70 Years, R/o
Ashpur, District Dungarpur.
11. Gajanand Upadhyay S/o Nathu Lal, Aged About 69 Years,
R/o Ashpur, District Dungarpur.
12. Bhanwar Lal Pandya S/o Champa Lal, Aged About 68
Years, R/o Sankali, Ashpur, District Dungarpur.
13. Sajjan Singh Chudawat S/o Laxman Singh, Aged About
68 Years, R/o Ashpur, District Dungarpur.
14. Chandra Kanta Chobisha S/o Seva Lal, Aged About 68
Years, R/o Ashpur, District Dungarpur.
15. Yaswant Das Vaishnav S/o Amar Das, Aged About 68
Years, R/o Salumbar, District Udaipur.
16. Kanti Lal Ameta S/o Ganesh Lal, Aged About 85 Years, R/
o Salumbar, District Udaipur.
17. Chhoga Lal Meghwal S/o Khemraj, Aged About 67 Years,
R/o Salumbar, District Udaipur.
18. Omprakash Acharya S/o Mangilal, Aged About 70 Years,
(2 of 8) [CW-8931/2021]
R/o Salumbar, District Udaipur.
19. Shanti Lal Garg S/o Goutam Lal, Aged About 66 Years, R/
o Salumbar, District Udaipur.
20. Girija Kanwar W/o Govind Singh, Aged About 77 Years, R/
o Salumbar, District Udaipur.
21. Kalu Lal Chobisha S/o Raghu Ji, Aged About 72 Years, R/o
Salumbar, District Udaipur.
22. Amba Lal Chobisha S/o Onkar Ji, Aged About 70 Years, R/
o Sarada, Salumbar, District Udaipur.
23. Durga Shankar Chobisha S/o Nain Shankar, Aged About
65 Years, R/o Sarada, Salumbar, District Udaipur.
24. Heera Lal Chobisha S/o Dhul Ji, Aged About 68 Years, R/o
Sarada, Salumbar, District Udaipur.
25. Bheru Shankar Chobisha S/o Goutam Lal, Aged About 66
Years, R/o Sarada, Salumbar, District Udaipur.
26. Vallchand Patel S/o Ganji Patel, Aged About 65 Years, R/o
Sarada, Salumbar, District Udaipur.
27. Mansa Ram S/o Vallji Sevak, Aged About 68 Years, R/o
Sarada, Salumbar, District Udaipur.
28. Lalit Mohan S/o Heeraji, Aged About 63 Years, R/o
Sarada, Salumbar, District Udaipur.
29. Vallchand Kumhar S/o Heera Ji, Aged About 68 Years, R/o
Sarada, Salumbar, District Udaipur.
30. Hamid Mohammad S/o Yakub Mohammad, Aged About 66
Years, R/o Jhadol, Falasiya, District Udaipur.
31. Ganesh Lal Bhatt S/o Hari Ram, Aged About 64 Years, R/o
Jhadol, Falasiya, District Udaipur.
32. Heera Lal Mehta S/o Deep Lal, Aged About 69 Years, R/o
Dhariyabad, District Pratapgarh.
33. Bhanwar Lal Jain S/o Uday Lal, Aged About 68 Years, R/o
Dhariyabad, District Pratapgarh.
34. Dungar Singh S/o Vakhatawar Singh, Aged About 82
Years, R/o Dhariyabad, District Pratapgarh.
35. Shiv Narayan S/o Champa Lal, Aged About 82 Years, R/o
Dhariyabad, District Pratapgarh.
36. Ramchandra Soni S/o Bhagwan Lal, Aged About 68 Years,
R/o Dhariyabad, District Pratapgarh.
37. Damodar Das Vyas S/o Sohan Lal, Aged About 80 Years,
(3 of 8) [CW-8931/2021]
R/o Makan No. 127K, Sector 14, District Udaipur.
38. Rajendra Bhatnagar S/o Pratap Singh, Aged About 65
Years, R/o 91, Gayatri Marg District Udaipur.
39. Parasmal Patwari S/o Kalu Ji, Aged About 75 Years, R/o
V/p Katid, District Udaipur.
40. Kanti Lal S/o Shanti Lal, Aged About 75 Years, R/o Shanti
Nagar, Sector 5, Hiranmagari, District Udaipur.
41. Keshari Mal Minariya S/o Deepa Lal, Aged About 65 Years,
R/o Kherunda, Vallabhnagar, District Udaipur.
42. Ganga Devi W/o Kunti Lal, Aged About 66 Years, R/o
Naya Ganv, Punali, Tehsil Dungarpur, District Dungarpur.
43. Kailash Soni W/o Ramchandra Soni, Aged About 68 Years,
R/o Kalal Chowk, Dhariyawad, District Pratapgarh.
44. Bhanwar Singh S/o Manohar Singh, Aged About 73 Years,
R/o Bassi, Falasiya, Jhadol, District Udaipur.
45. Lehru Lal Pandiya S/o Jag Nath, Aged About 69 Years, R/o
Kherwara, District Udaipur.
46. Ramesh Chandra Agarwal S/o Roshal Lal, Aged About 70
Years, R/o New Colony, Kherwara, District Udaipur.
47. Moti Lal Puniya S/o Devi Lal, Aged About 67 Years, R/o
Jhadol, District Udaipur.
48. Bhagwatilal Chitora S/o Bheru Lal, Aged About 73 Years,
R/o 420, Bhopalpura, District Udaipur.
49. Mahaveer Lal Chitora S/o Keshu Lal, Aged About 70
Years, R/o 75, Aamad, District Udaipur.
50. Roop Lal Meghwal S/o Nathuji, Aged About 69 Years, R/o
Ratan Pura, Mudrat, Rishabhdev, District Udaipur.
51. Fateh Lal Shah S/o Rikab Chand, Aged About 72 Years, R/
o Badi Sadari, District Chittorgarh.
52. Kanheya Lal S/o Jetaji, Aged About 69 Years, R/o
Gumanpura, Kherwara, District Udaipur.
53. Beerbal Kumar S/o Thavra Ram, Aged About 65 Years, R/
o Vikasnagar, Saroli, Kherwara, District Udaipur.
54. Hameer Mohammad S/o Vajir Mohammad, Aged About 72
Years, R/o 871, Barkat Colony, Sabina, District Udaipur.
55. Ganesh Mal Bhatt S/o Hari Ram, Aged About 65 Years, R/
o Ganv Barada, Post Gogala, Jhadol, District Udaipur.
56. Khaleel Ahmed S/o Ganni Mohammad, Aged About 72
(4 of 8) [CW-8931/2021]
Years, R/o 2994, B Block, Aamer Nagar, District Udaipur.
57. Harish Chandra Meena S/o Nimba Ji, Aged About 68
Years, R/o Khadi, Obari, Kherwara, District Udaipur.
58. Devilal Paliwal S/o Sohanji, Aged About 72 Years, R/o
Manpura, Badganv, District Udaipur.
59. Ishak Mo. Shekh S/o Fakeer Shek, Aged About 75 Years,
R/o 304, Masrat Shekh Masjid, Malatai, District Udaipur.
60. Kailash Chandra Vaishnav S/o Amrit Ram Vaishnav, Aged
About 74 Years, R/o Master Colony, Amba Mata, District
Udaipur.
61. Basanti Devi S/o Heera Lal Dandi, Aged About 69 Years,
R/o 417, Akhand Aashram, Shobhagpura, District
Udaipur.
62. Mahaveer Lal Jain S/o Keshulal, Aged About 62 Years, R/o
39-B, Gayatri Marg, District Udaipur.
63. Yakub Khan S/o Anwar Khan, Aged About 70 Years, R/o
Vallabh Nagar, District Udaipur.
64. Neelkanth Mali S/o Balu Ram, Aged About 80 Years, R/o
Makan No. 5, Bolwala, District Udaipur.
65. Kamla Devi W/o Bherulal Sharma, Aged About 65 Years,
R/o Satya Narayan Mandir Ke Pas, Salumbhar, District
Udaipur.
66. Manak Devi W/o Narayan Lal, Aged About 70 Years, R/o
Charbhuja Mandir Ke Pas, Salumbhar, District Udaipur.
67. Bhagwati Lal Bhanawat S/o Rup Lal, Aged About 70
Years, R/o Post Dungla, District Chittorgarh.
68. Ramprasad Kumawat S/o Sukhdev, Aged About 69 Years,
R/o Nathdwara, District Rajsamand.
69. Gordhan Singh S/o Ganesh Singh, Aged About 81 Years,
R/o Hanuman Mandir Ke Pas, District Rajsamand.
70. Ram Singh Rathore S/o Gordhan Singh, Aged About 68
Years, R/o E-23, Bhuvana, District Udaipur.
71. Chunni Lal Mali S/o Uday Ji, Aged About 71 Years, R/o
Maliyo Ka Mohalla, Nathdwara, District Rajsamand.
72. Jagdish Prasad Pareek S/o Nandlal, Aged About 65 Years,
R/o Guman Badi, Padampur, District Ganganagar.
73. Kanti Lal Aameta S/o Ganeshji, Aged About 80 Years, R/o
Salumbar, District Udaipur.
(5 of 8) [CW-8931/2021]
74. Pushpa Devi W/o Bhagwatilal Chitora, Aged About 70
Years, R/o 11, Aakar Complex Shantinagar, Rupnagar
Road, District Udaipur.
75. Makbul Ahmed S/o Najeer Ahmed, Aged About 65 Years,
R/o Near Railway Station, Udaipur.
76. Chandrashekar Kumbat S/o Kanshilal, Aged About 70
Years, R/o Salumbar, District Udaipur.
77. Abdul Jabbar S/o Samund Khan, Aged About 66 Years, R/
o Aabad Chowk, District Udaipur.
78. Pujalal Bhagera S/o Punaji, Aged About 72 Years, R/o
Bhudar, Post Paderi, Tehsil Rishabhdev, District Udaipur.
79. Girish Kumar Upadhayay S/o Nana Lal, Aged About 62
Years, R/o Ganesh Colony, Kherwara, District Udaipur.
80. Moh. Yunus S/o Murad Khan, Aged About 62 Years, R/o
179, Khadaji Ka Chowk, District Udaipur.
81. Haraj Kanwar W/o Nathulal Baranda, Aged About 68
Years, R/o Ward No. 9, Mandwa, District Dungarpur.
82. Pyarchand Regar S/o Gokul Lal, Aged About 70 Years, R/o
Bhindar, District Udaipur.
83. Laxmi Lal S/o Bherulal Garg, Aged About 71 Years, R/o
Garg Colony, Vallabhnagar, District Udaipur.
84. Babar Lal Joshi S/o Gopilal, Aged About 70 Years, R/o
Utharwada, Badi Sadri, District Chittorgarh.
85. Sardul Singh S/o Mal Singh, Aged About 62 Years, R/o
Purane Aspatal Ke Pas, Khayaliwala, District
Shriganganagar.
86. Imam Moh. S/o Nanam Moh., Aged About 66 Years, R/o
Sindhiyo Ka Bas, Vallabhnagar, Post Paderi, Tehsil
Rishabhdev, District Udaipur.
87. Girish Kumar Upadhyay S/o Nana Lal, Aged About 62
Years, R/o Ganesh Colony, Kherwara, District Udaipur.
88. Moh. Yunus S/o Nana Lal, Aged About 62 Years, R/o
Ganesh Colony, Kherwara, District Udaipur.
89. Bheru Lal Sharma S/o Dulji, Aged About 65 Years, R/o
Kherwara, District Udaipur.
90. Mohan Lal Meena S/o Hawala Meena, Aged About 70
Years, R/o Barugala Fala, Lekhpura, District Udaipur.
91. Gopilal Paliwal S/o Devi Lal, Aged About 72 Years, R/o
Semad, Gogunda, District Udaipur.
(6 of 8) [CW-8931/2021]
92. Bhupendra Kumar Sharma S/o Sundar Lal, Aged About 65
Years, R/o Kherwara, District Udaipur.
93. Prem Shankar Bairawa S/o Panna Lal, Aged About 70
Years, R/o Kerunda, Vallabhnagar, District Udaipur.
----Petitioners
Versus
1. The State Of Rajasthan, Through Secretary, Medical And
Health Department, Government Of Rajasthan,
Secretariat, Jaipur.
2. Secretary, Finance Department, Government Of
Rajasthan, Secretariat, Jaipur.
3. Director, Medical And Family Welfare Department,
Swasthya Bhawan, Jaipur.
4. The Additional Director (Admn.), Medical And Health
Services, Swasthya Bhawan, Jaipur.
5. Chief Medical And Health Officer, Udaipur.
6. Chief Medical And Health Officer, Pratapgarh.
7. Chief Medical And Health Officer, Dungarpur.
8. Chief Medical And Health Officer, Chittorgarh.
9. Chief Medical And Health Officer, Shriganganagar.
----Respondents
For Petitioner(s) : Mr. Ashok Dhawad Bishnoi
For Respondent(s) :
JUSTICE DINESH MEHTA
Judgment
22/07/2021
Learned counsel for the petitioners states that the matter is
squarely covered by the judgment passed by this Hon'ble 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 :-
(7 of 8) [CW-8931/2021]
"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 dated 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 to him
pertaining to the first promotional post.
Heard.
The post of Health Worker (Male) (Ordinary
Scale) is prescribed under the Rajasthan Medical &
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 to 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
(8 of 8) [CW-8931/2021]
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 deserves 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 order as to costs."
Learned counsel for the petitioners states that the petitioners
shall be satisfied if their representations are decided by the
respondents in light of the aforequoted precedent of Dadam Das
Vaishnav (supra).
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 aforementioned
judgment within a period of 30 days from today strictly in
accordance with law.
(DINESH MEHTA),J
122-CPGoyal/-
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