Rajasthan High Court - Jodhpur
Padma Raj Prajapat vs The State Of Rajasthan on 20 October, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14380/2021
Padma Raj Prajapat S/o Shri Raju Ji, Aged About 63 Years, W.n.
1 Malinath Circle Tilwara Fata, Jaisol Tehsil Balotra, District
Barmer.
----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, Barmer.
4. The Joint Director, Pension And Welfare Dept. Jodhpur.
----Respondents
For Petitioner(s) : Mr.BP Mathur.
For Respondent(s) :
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment
20/10/2021
In wake of second surge in the COVID-19 cases, abundant
caution is being maintained, while hearing the matters in Court,
for the safety of all concerned.
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
(2 of 3) [CW-14380/2021]
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
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 25.1.1992 and 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.3200-4900 after 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.4000-6000 w.e.f.
11.2.1991 and second & third selection grades in terms of
para-5 of the circulars dated 25.1.1992 and 17.2.1998. No
order as to costs."
(3 of 3) [CW-14380/2021]
Learned counsel for the petitioner states that the petitioner
shall be satisfied if his representation is decided by the
respondents in light of the aforequoted precedent law 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
precedent law within a period of 30 days from today strictly in
accordance with law.
(DR. PUSHPENDRA SINGH BHATI),J
116-SPhophaliya/-
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