Citation : 2022 Latest Caselaw 10081 Raj
Judgement Date : 2 August, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 10047/2022
Lalita Devi W/o Late Shri Kanhaiya Lal Garg, Aged About 73 Years, Kuraj District Rajsamand, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.
2. Director Medical And Health Services, Government Of Rajasthan, Jaipur.
3. The Chief Medical And Health Officer, Rajsamand, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Vikram Singh Bhati.
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI Order
02/08/2022
Learned counsel for the parties submit that the issue
involved in the present petition, regarding correct fixation in the
pay-scale upon completion of 18 and 27 years of service and
consequential re-fixation of pension, gratuity and other retiral
benefits, is squarely covered by judgment of this Court in D.B.
Civil Special Appeal (Writ) No.1068/2014 (Govind Dan Charan Vs.
State of Rajasthan & Ors.), decided on 17.12.2015, along with a
batch of similar Special Appeals, with following directions:-
"In view of the above discussion, the appeals filed by the appellants are allowed. The order dated 15.04.2014 passed by the learned Single Judge in all the writ petitions is set aside, the writ petitions filed by the petitioners-appellants are allowed to the extent
(2 of 2) [CW-10047/2022]
that the appellants would be entitled to selection grade and get fixation in the pay-scale of Rs.975- 1720, 1200- 2050 and 1640-2900 (5500-9000) on completion of 9, 18 and 27 years of service respectively in terms of judgment in the case of Jagdish Narain Chaturvedi (supra), i.e. from the date of regular appointment. The required exercise would be completed by the respondents within a period of three months from the date of this judgment."
In view of the above, the present writ petition is allowed in
terms of the aforesaid judgment dated 17.12.2015 passed in case
of Govind Dan Charan (supra).
The stay application also stands disposed of.
(ARUN BHANSALI),J 63-Sumit/-
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