Lrs Of Riyaz Mohd vs State Of Rajasthan
2021 Latest Caselaw 8274 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5752/2019

1. Lrs Of Riyaz Mohd, S/o Niyaz Mohd., Through Its Representatives-

2. Sugra Begum W/o Late Riyaz Mohd, Aged About 60 Years, R/o G-172, Ward No. 19, Pratap Nagar, Jodhpur

3. Dilshad Mohd. S/o Late Riyaz Mohd, R/o G-172, Ward No. 19, Pratap Nagar, Jodhpur

4. Nishar Mohd. S/o Late Riyaz Mohd, Aged About 30 Years, R/o G-172, Ward No. 19, Pratap Nagar, Jodhpur

----Petitioners Versus

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

2. The Chief Engineer, Public Health And Engineering Department, Jodhpur.

3. The Superintending Engineer, Public Health And Engineering Department, District - Circle, Jodhpur.

4. The Executive Engineer, Public Health And Engineering Department District - Division Iii, Jodhpur.

5. The Assistant Engineer, Public Health And Engineering Department, Sub-Division - Mandore, Johdpur.

                                                                   ----Respondents


For Petitioner(s)          :     Mr. Shailendra Kumar
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

(2 of 2) [CW-5752/2019]

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 petitioner strictly in terms of the judgment rendered in case

of Sohanalal Mathur (supra).

5. 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.

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.

(DINESH MEHTA),J 237-CPGoyal/-

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