Rajasthan High Court - Jodhpur

Joga Ram vs State Of Rajasthan on 25 March, 2021

Bench: Dinesh Mehta

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Civil Writ Petition No. 9102/2018

Sawai Singh S/o Shri Sagun Singh Ji, Aged About 63 Years, Village And Post Dikawa, Tehsil Didwana, District Nagaur

----Petitioner Versus

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

2. The Chief Engineer (Administration), Public Health Engineering Department, Government Of Rajasthan, Jaipur

3. The Superintending Engineer, Public Health Engineering Department, Circle Nagaur, Nagaur (Raj.)

4. The Assistant Engineer, Public Health Engineering Department, Subdivision Didwana Dist Nagaur (Raj.)

----Respondents Connected With (2) S.B. Civil Writ Petition No. 237/2014 Kan Singh Chouhan

----Petitioner Versus State And Ors

----Respondent (3) S.B. Civil Writ Petition No. 12357/2016 Bhera Ram S/o Shri Balu Ram, Village-Bhadwasi, District-Nagaur

----Petitioner Versus

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

2. The Chief Engineer, Public Health Engineering Department, Government Of Rajasthan, Jaipur

3. The Superintending Engineer, Public Health Engineering Department, Cirecle-Nagaur, District-Nagaur

4. The Assistant Engineer, Public Health Engineering

(2 of 6) [CW-9102/2018]

Department, City Sub Division Nagaur, District-Nagaur

----Respondents (4) S.B. Civil Writ Petition No. 4695/2017 Pukhraj Chouhan Son Of Shri Kumbharam Ji, By Caste Chouhan, Resident Of Water Works Quarter, Samdari Road, Balotra, District Barmer.

----Petitioner Versus

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

2. The Chief Engineer, Public Health Engineering Department, Government Of Rajasthan, Jaipur

3. The Superintending Engineer, Public Health Engineering Department, Circle Barmer, District Barmer.

4. The Assistant Engineer, Public Health Engineering Department, City Sub Division Balotra, District Barmer.

----Respondents (5) S.B. Civil Writ Petition No. 9766/2018 Mangi Lal Vaishnav S/o Pusha Ram, Aged About 69 Years, B/c Vaishav ,r/o Village Post Koliya, Tehsil Didwana Distt. Nagaur

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary , Public Health Engineering Department , Govt. Of Raj. , Jaipur

2. The Chief Engineer (Administration), Public Health Engineering Department , Govt. Of Raj. , Jaipur

3. The Superintending Engineer, Public Health Engineering Department , Circle Nagaur, Nagaur (Raj.)

4. The Assistant Engineer, Public Health Engineering Department , Subdivision Didwana , Distt. Nagaur (Raj.)

----Respondents (6) S.B. Civil Writ Petition No. 10341/2020 Joga Ram S/o Ganga Ram, Aged About 65 Years, R/o Hundo Ki Dhani, Tehsil Bayatu, District Barmer (Raj.).

                                                                       ----Petitioner



                                              (3 of 6)                    [CW-9102/2018]


                                       Versus

1. State Of Rajasthan, Through Principal Secretary, Public Health Engineer Department, Government Of Rajasthan, Jaipur.

2. The Chief Engineer (Administration), Public Health Engineer Department, Government Of Rajasthan, Jaipur.

3. The Superintending Engineer, Public Health Engineer Department, Circle, Barmer (Raj.).

4. The Assistnat Engineer, Public Health Engineer Department, Subdivision Baitu, District Barmer (Raj.).

----Respondents (7) S.B. Civil Writ Petition No. 10387/2020 Mana Ram Choudhary S/o Harchand Ram, Aged About 63 Years, By Caste Jat, Resident Of Vpo Madpura, Barwala, Tehsil Baitu, District Barmer (Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Public Health Engineer Department, Government Of Rajasthan, Jaipur.

2. The Chief Engineer (Administration), Public Health Engineer Department, Government Of Rajasthan, Jaipur.

3. The Superintending Engineer, Public Health Engineer Department, Circle Barmer, Barmer (Raj.).

4. The Assistnat Engineer, Public Health Engineer Department, Sub Division Baitu, District Barmer (Raj.).

----Respondents (8) S.B. Civil Writ Petition No. 10405/2020 Mohan Lal S/o Shivji Ram, Aged About 63 Years, By Caste Lohar, Resident Of Village Kawas, District Barmer (Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Public Health Engineer Department, Government Of Rajasthan, Jaipur.

2. The Chief Engineer (Administration), Public Health Engineer Department, Government Of Rajasthan, Jaipur.

3. The Superintending Engineer, Public Health Engineer

(4 of 6) [CW-9102/2018]

Department, Circle Barmer, Barmer (Raj.).

4. The Assistnat Engineer, Public Health Engineer Department, Rural Subdivision-Ii, District Barmer (Raj.).

----Respondents (9) S.B. Civil Writ Petition No. 10407/2020 Poonma Ram S/o Adu Ram, Aged About 65 Years, By Caste Jat, Resident Of Village Madpura, Barwala, Tehsil Baitu, District Barmer (Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Public Health Engineer Department, Government Of Rajasthan, Jaipur.

2. The Chief Engineer (Administration), Public Health Engineer Department, Government Of Rajasthan, Jaipur.

3. The Superintending Engineer, Public Health Engineer Department, Circle Barmer, Barmer (Raj.).

4. The Assistnat Engineer, Public Health Engineer Department, Subdivision Baitu, District Barmer (Raj.).

----Respondents (10) S.B. Civil Writ Petition No. 10531/2020 Purna Ram S/o Girdhari Ram, Aged About 66 Years, R/o Village Madpura, Barwala, Tehsil Baitu, District Barmer (Raj.).

----Petitioner Versus

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

2. The Chief Engineer (Administration), Public Health Engineering Department, Government Of Rajasthan, Jaipur.

3. The Superintending Engineer, Public Health Engineering Department, Circle Barmer, Barmer (Raj.).

4. The Assistant Engineer, Public Health Engineering Department, Subdivision Baitu, District Barmer (Raj.).

                                                                     ----Respondents


For Petitioner(s)            :     Mr. CS Bissa


                                          (5 of 6)               [CW-9102/2018]


For Respondent(s)        :     Ms. Anjana Jawa



                    JUSTICE DINESH MEHTA

                                Judgment

25/03/2021

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

on 17.11.2008, 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 Mathur (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 petition is 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).

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5. The petitioners herein shall file their representation(s)

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 application stand

disposed of.