Rajasthan High Court - Jodhpur
Durga Shanker Suthar vs The State Of Rajasthan on 18 October, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 13922/2021
Durga Shanker Suthar S/o Shri Mangal Ji Suthar, Aged About 66
Years, Resident Of Subhash Nagar Road No. 3 Banswara.
----Petitioner
Versus
1. The State Of Rajasthan, Through Secretary, Medical And
Health Department, Government Of Rajasthan, Jaipur.
2. The Director, Medical And Health Welfare Services,
Government Of Rajasthan, Jaipur.
3. The Chief Medical And Health Officer, Banswara.
4. The Joint Director, Pension And Welfare Dept., Udaipur.
----Respondents
For Petitioner(s) : Mr.Bhanu Prakash Mathur, Adv.
For Respondent(s) : -
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
18/10/2021
Learned counsel for the petitioner states that the matter is
squarely covered by the judgment passed by this Hon'ble 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 :-
"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
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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 dated 25.1.1992and 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 to 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 to 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 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.3200-4900after
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 deserves 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.4000-6000w.e.f.
11.2.1991 and second & third selection grades in terms
of para-5 of the circulars dated 25.1.1992and
17.2.1998. No order as to costs."
Learned counsel for the petitioner states that the petitioner
shall be satisfied if his representation is decided by the
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respondents in light of the aforequoted precedent of Dadam Das
Vaishnav (supra).
In light of the aforequoted judgment, the writ petition is
disposed of with the direction to the respondents to decide the
representation of the petitioner in terms of aforementioned
judgment within a period of 30 days from today strictly in
accordance with law.
(MANOJ KUMAR GARG), J.
106-NK/-
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