Rajasthan High Court - Jodhpur
Munniram Lomror vs The State Of Rajasthan on 25 March, 2021
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3874/2021
Munniram Lomror S/o Bhinyaram Lamror, Aged About 62 Years,
R/o Village Rotu, Tehsil Jayal, Dist. Nagaur.
----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 Executive Engineer, Public Health Engineering
Department, Division Nagaur.
4. The Assistant Engineer, Public Health Engineering
Department, Sub Division Jayal, Dist. Nagaur.
5. The Director, Pension And Pensioners Welfare
Department, Government Of Rajasthan, Jaipur.
----Respondents
For Petitioner(s) : Mr.Dinesh Kumar Ojha
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.
(2 of 3) [CW-3874/2021]
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 petitioner strictly in terms of the judgment rendered in case
of Sohanalal Mathur (supra).
5. If any recovery has been made from the petitioner, which is
contrary to the adjudication made by this Court in Sohan Lal
Mathur's case (supra), the same would be refunded to the
petitioner in accordance with law.
6. The petitioner herein shall file his representation claiming the
pay-scale in terms of judgment of Sohanlal Mathur (supra)
alongwith the certified copy of the order instant.
7. While submitting representation for deciding petitioner's pay
in the light of Sohan Lal Mathur's case (supra), the petitioner may
also point out the excess amount, which is required to be refunded
to the petitioner in the light of the judgment aforesaid. The
respondents shall pass appropriate order for refund of the amount
(3 of 3) [CW-3874/2021]
in accordance with law, while considering petitioner's
representation for grant of pay scale/ACP.
8. The respondents shall do the needful within a period of eight
weeks from receiving the same.
9. All interlocutory applications including stay application stand
disposed of.
10. The stay applications also stand disposed of accordingly.
(DINESH MEHTA),J
44-CPGoyal/-
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