Citation : 2021 Latest Caselaw 8277 Raj
Judgement Date : 25 March, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
S.B. Civil Writ Petition No. 1791/2019
Faruk Husain S/o Jahid Husain, Aged About 60 Years, By Caste
Muslim, Resident Of Nai Sadak, Ward No. 16, Churu District
Churu (Raj.).
----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 Superintendent Engineer, Public Health Engineering
Department, Circle Churu, Churu (Raj.).
4. The Assistant Engineer, Public Health Engineering
Department, District Subdivision Churu Dist. Churu
(Raj.).
----Respondents
For Petitioner(s) : Mr. CS Bissa
For Respondent(s) : Ms.Anjana Jawa
JUSTICE DINESH MEHTA
JUDGMENT
25/03/2021
Heard.
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.
(2 of 2) [CW-1791/2019]
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:-
"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."
In this view of the matter, the instant petition is also allowed
in the same terms and the petitioner is declared entitled for the
grant of pay scale of Rs.5000-8000 instead of Rs.4000-6000 as
third selection grade. Thereafter, pay be revised as per the
Revised Pay-Scale Rules of 2008.
The entitlement as above be executed within a period of six
months from today.
The stay applications also stand disposed of accordingly.
(DINESH MEHTA),J
145-CPGoyal/-
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