Mohan Singh S/O Ram Narayan Singh vs State Of Rajasthan
2022 Latest Caselaw 4890 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 17842/2019

Mohan Singh S/o Ram Narayan Singh, Aged About 74 Years, B/c
Charan, R/o Near Jodla Power House, Opposite Petrol Pump,
Harmada, District Jaipur
                                                                    ----Petitioner
                                    Versus
1.     State Of Rajasthan, Through Additional Chief Secretary,
       Medical And Health And Family Welfare Department,
       Secretariat, Jaipur
2.     Director, Medical And Health Services, Govt. Of Rajasthan,
       Jaipur
3.     Additional     Director       (Administration),           Department    Of
       Medical And Health Services, Rajasthan, Jaipur
4.     Chief Medical And Health Officer, Kota
5.     Deputy Medical And Health Officer, (Malaria), Kota
                                                                 ----Respondents

For Petitioner(s) : Mr. Abhishek B. Sharma. For Respondent(s) : Dr. V.B. Sharma, AAG.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

18/07/2022

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 at Principal seat Jodhpur in the matter

of Dadam Das Vaishnav Vs. State of Rajasthan & Ors. (S.B.

Civil Writ Petition No.8309/2012) wherein on 20.05.2013,

following order was passed:-

"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

(2 of 3) [CW-17842/2019]

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.

(3 of 3) [CW-17842/2019]

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."

Counsel for the respondents has not disputed the

submissions made by the counsel for the petitioner.

In that view of the matter, this writ petition is disposed of in

view of the judgment passed by the Co-ordinate Bench of this

court at Principal seat Jodhpur in the matter of Dadam Das

Vaishna (supra).

All the pending applications stand disposed of.

(INDERJEET SINGH),J

MG/146

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