Kiran Tanwar vs State Of Rajasthan
2021 Latest Caselaw 11623 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9090/2021

Kiran Tanwar W/o Late Dayaram, Aged About 71 Years, 29 Gandhi Nagar, Ward No. 17, District Churu, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary Public Health Engineering Department, Rajasthan, Jaipur.

2. The Additional Chief Engineer, Public Health Engineering Department, Rajasthan, Churu, Rajasthan.

3. The Superintendent Engineer, District Sub Division, Public Health Engineering Department, Rajasthan, Churu, Rajasthan.

                                                                  ----Respondents


For Petitioner(s)          :     Ms. Saeena Bano
For Respondent(s)          :     Ms. Anjana Jawa



                      JUSTICE DINESH MEHTA

                                      Order

27/07/2021

1.   Heard.

2. It is submitted by learned counsel for the parties that the

controversy involved in the present writ petition is squarely

covered by a decision rendered in Sohanlal Mathur Vs. State of

Rajasthan & Ors. : S.B.Civil Writ Petition No.3631/2008, decided

on17.11.2008, which has been affirmed by Apex Court in SLP

(Civil) No.14932/2012.

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:-

(2 of 2) [CW-9090/2021]

"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."

4. In view of the above, the instant writ petition is allowed and

the respondents are directed to give all the entitlement available

to the petitioner strictly in terms of the judgment rendered in the

case of Sohanlal Mathur (supra).

5. The petitioner herein shall file his representation claiming the

pay-scale in terms of judgment of Sohanlal Mathur (supra) along

with 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. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J 283-A.Arora/-

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