Rajasthan High Court
Lichman Ram Son Of Ganga Ram vs State Of Rajasthan on 1 July, 2022
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 14819/2021
Lichman Ram Son Of Ganga Ram, Aged About 61 Years, Resident
Of Mandabasini, Post-Deedwana, District-Nagaur (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Public Health
Engineering Department, Government Of Rajasthan,
Secretariat, Jaipur (Raj.).
2. The Chief Engineer (Rural), Public Health Engineering
Department, Civil Lines, Jaipur (Raj.).
3. The Superintending Engineer, Public Health Engineering
Department, Circle Nagaur (Raj.)
----Respondents
For Petitioner(s) : Mr. Mukesh Kumar Verma
For Respondent(s) : Mr. Imran Khan, AGC
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
01/07/2022
Counsel for the petitioner submits that the issue involved in
this writ petition has been considered and decided by the Co-
ordinate Bench of this Court in the matter of Smt. Geeta Pareek
Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.
20744/2019) wherein on 03.09.2021 following order was passed;
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 on
17.11.2008, which has been affirmed by Apex Court
in SLP (Civil) No.14932/2012.
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
(2 of 2) [CW-14819/2021]
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.4000-6000 instead of Rs.1200-2050 as third
selection grade. It is directed that arrears on account
of pay fixation would be admissible to the petitioner
only w.e.f. 3 years preceding institution of the writ
petition before this Court on 26.11.2019.
Respondents would ensure compliance of the present
order within 3 months from the date the certified
copy of the order is presented to them.
Counsel for the respondent(s) has not disputed the submissions
made by the counsel for the petitioner.
In that view of the matter, the present writ petition stands
disposed of in view of the judgment passed by the Co-ordinate Bench of
this Court in the matter of Geeta Pareek (supra). It is further directed
that arrears on account of pay fixation would be admissible to the
petitioner only w.e.f. 3 years preceding institution of the writ petition
before this Court on 10.12.2021. Respondents are directed to ensure
compliance of the present order within 3 months from the date the
certified copy of the order is presented to them.
(INDERJEET SINGH),J
CHETNA BEHRANI /79
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