Ramchandra Sharma vs State Of Rajasthan
2021 Latest Caselaw 8266 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5343/2021

1. Ramchandra Sharma S/o Shri Devi Lal Sharma, Aged About 65 Years, R/o Tilak Nagar Street No. 2, Chittore Road, Pratapgarh District Pratapgarh.

2. Om Prakash Sharma S/o Shri Vishnu Dutt Sharma, Aged About 72 Years, R/o Inside Of Surajpole, Chamaron Ki Gali Pratapgarh District Pratapgarh.

3. Shankar Lal Meena S/o Shri Kachru Ji, Aged About 60 Years, R/o Tirupati Nagar, Pratapgarh District Pratapgarh.

4. Jaisingh Rathore S/o Shri Kalu Singh Rathore, Aged About 62 Years, R/o Bakshigali Talai Mohalla, Pratapgarh District Pratapgarh.

----Petitioners Versus

1. State Of Rajasthan, Through Principal Secretary To The Government, Medical Health And Family Welfare Department, Govt. Secretariat, Jaipur.

2. The Director, Directorate Of Medical Health And Family Welfare Services, Swasthya Bhawan, Tilak Marg, C- Scheme, Jaipur.

3. Additional Director (Administration), Directorate Of Medical Health And Family Welfare Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

4. Chief Medical And Health Officer, Pratapgarh.

5. Director, Pension And Pensionary Welfare Department, Jyoti Nagar, Jaipur.

6. Assistant Director, Pension And Pensionary Welfare Department, Udaipur.

----Respondents

For Petitioner(s) : Mr. Hansraj Nimbar

JUSTICE DINESH MEHTA Order

25/03/2021

1. Learned counsel for the petitioners submits that the matter

is squarely covered by the judgment passed by this 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:-

                                        (2 of 3)                       [CW-5343/2021]


"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 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 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 go 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

(3 of 3) [CW-5343/2021]

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 deserved 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 orders as to costs."

2. Learned counsel for the petitioners states that the petitioners

shall be satisfied if their representation is decided by the

respondents in light of the aforequoted judgment of Dadam Das

Vaishnav (supra).

3. 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 Dadam Das

Vaishnav's case(supra) within a period of 30 days from today

strictly in accordance with law.

(DINESH MEHTA),J 231-Ramesh/-

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