Rajasthan High Court
Indra Kumar Saxena S/O Sh. Narayan ... vs State Of Rajasthan on 26 November, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 10123/2021
1. Indra Kumar Saxena S/o Sh. Narayan Babu, Aged About
66 Years, R/o 78, Kala Kunj, Near Maruti Estate, Bodla,
Agra.
2. Gulshan Lal S/o Sh. Shankar Das, Aged About 65 Years,
R/o A-66. S-2, Sunder Singh Bhandari Nagar, Sewarage
Farm, Sodala,jaipur.
3. Dharam Pal Khatri S/o Sh. Chandra Bhan, Aged About 71
Years, R/o Khadi Sewa Sadan. Lal Bag, Bayana, District -
Bharatpur.
4. Jagdish Prasad S/o Sh. Dwarka Prasad Sharma, Aged
About 65 Years, R/o Plot No. 105A, Riddhi Siddhi Nagar,
Harnathpura, Kardhani, Kalwar Road, Jaipur.
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary Phed, Govt.
Of Rajasthan, Secretariat, Jaipur - 302005
2. The Chief Engineer (Administration), Phed, Civil Lines,
Jaipur (Rajasthan)
3. The Superintending Engineer, Phed, Circle Office, Krishna
Nagar, Bharatpur.
4. The Assistant Engineer, Phed, Bayana, District -
Bharatpur.
----Respondents
Connected With
S.B. Civil Writ Petition No. 10038/2021
Valveer Kor W/o Late Sh. Parmal Singh, Aged About 65 Years,
R/o Village And Post - Didawali, Tehsil- Deeg, District- Bharatpur.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary Phed, Govt.
Of Rajasthan, Secretariat, Jaipur - 302005
2. The Chief Engineer (Administration), Phed, Civil Lines,
Jaipur (Rajasthan)
3. The Superintending Engineer Phed, Circle Office, Krishna
(2 of 5) [CW-10123/2021]
Nagar, Bharatpur.
4. The Assistant Engineer, Phed, Sub-Division Deeg, District
- Bharatpur.
----Respondents
S.B. Civil Writ Petition No. 10039/2021
Pratap Singh S/o Sh. Phool Singh, Aged About 67 Years, R/o
Village And Post - Narain Katta, Tehsil- Deeg, District- Bharatpur.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary Phed, Govt.
Of Rajasthan, Secretariat, Jaipur - 302005
2. The Chief Engineer (Administration), Phed, Civil Lines,
Jaipur (Rajasthan)
3. The Superintending Engineer Phed, Circle Office, Krishna
Nagar, Bharatpur.
4. The Assistant Engineer, Phed, Sub-Division Deeg, District
- Bharatpur.
----Respondents
S.B. Civil Writ Petition No. 10079/2021
Ghanshyam S/o Sh. Kunwarpal, Aged About 67 Years, R/o
Village - Tankoli, Post - Didawali, Tehsil - Deeg, District -
Bharatpur.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary Phed, Govt.
Of Rajasthan, Secretariat, Jaipur - 302005
2. The Chief Engineer (Administration), Phed, Civil Lines,
Jaipur (Rajasthan)
3. The Superintending Engineer Phed, Circle Office, Krishna
Nagar, Bharatpur.
4. The Assistant Engineer, Phed, Deeg, District - Bharatpur.
----Respondents
S.B. Civil Writ Petition No. 4085/2020
Nahni Bai W/o Late Sh. Yogesh Chand S/o Sh. Kundan Lal, Aged
(3 of 5) [CW-10123/2021]
About 58 Years, R/o Behind Gopal Talkij, Near Kabir Bhawan,
Alwar.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Phed, Govt.
Of Rajasthan, Secretariat, Jaipur
2. The Chief Engineer (Administration), Phed, Civil Lines,
Jaipur (Rajasthan)
3. The Superintending Engineer, Phed, Alwar.
----Respondents
S.B. Civil Writ Petition No. 10117/2021
Yadram S/o Sh. Kishan Singh Thakur, Aged About 66 Years, R/o
Village And Post Malah, Tehsil And District Bharatpur.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Phed, Govt.
Of Rajasthan, Secretariat, Jaipur 302005
2. The Chief Engineer (Administration), Phed, Civil Lines,
Jaipur (Rajasthan)
3. The Superintending Engineer, Phed, Circle Office, Krishna
Nagar, Bharatpur.
4. The Assistant Engineer, Phed, Nagar Sub Division (East),
District Bharatpur.
----Respondents
For Petitioner(s) : Mr. Manoj Pareek
For Respondent(s) : Mr. Yashodhar Pandey for
Mr. Anil Mehta, AAG
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
26/11/2021
All these writ petitions have been filed seeking benefits of
the pay scale of Rs. 1400-2600 (5000-8000) instead of Rs. 1200-
(4 of 5) [CW-10123/2021]
2050 (4000-6000) on completion of 18 years of service by the
petitioners, appointed as Pump Driver II/Fitter.
Learned counsel for the petitioners submitted that a co-
ordinate Bench of this court has, vide its order dated 16.02.2017
passed in S.B. Civil Writ Petition No. 14456/2016, Mitthu Lal
Teli Vs. State of Rajasthan & Ors. and other connected
matters, held that the issue of entitlement of the persons working
as Pump Driver II/Fitter for pay scale of Rs. 1400-2600 (5000-
8000) on completion of 18 years of service is no more res integra
in view of the earlier judgment of this Court in several writ
petitions and the respondents were directed to treat the judgment
in S.B. Civil Writs No.9866/2018, Ramji Lal Saini & Ors. Vs.
State of Rajasthan & Ors. and other connected matters as
judgment-in-rem and to extend the benefit to all the similar
situated employees without requiring them to approach this court,
still, they have been forced for this unwarranted litigation.
Learned counsel for the respondents, in the aforesaid
circumstances, assured this court that they will apply the
directions issued by this Court in case of Mitthu Lal Teli (supra)
and shall pay the petitioners their entire arrears by placing them
in the appropriate pay scale of Rs. 1400-2600 (5000-8000) on
completion of 18 years of service, within 30 days from today.
Learned counsel for the petitioners submits that these writ
petitions may also be disposed of in the light of assurance
extended by the learned counsel for the respondents.
In view of the aforesaid, nothing survives for consideration of
this Court. These writ petitions are disposed of in view of the
assurance extended by the learned counsel for the respondents.
However, it is made clear that if the entire exercise is not
(5 of 5) [CW-10123/2021]
completed and the payment is not made within the period assured
by the learned counsel for the respondents, the arrears shall carry
interest @ 6% from the date of filing of the writ petitions till
payment.
(MAHENDAR KUMAR GOYAL),J
Sudha/126-131
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