Rajasthan High Court
Shiv Kumar Sharma S/O Shri Prahald ... vs The State Of Rajasthan on 31 March, 2022
Bench: Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 6608/2018
Smt. Bimla Devi W/o Late Shri Shiv Kumar, Aged About 63
Years, Resident Of Ward No. 5, Tehsil And District Churu
(Rajasthan)
----Petitioner
Versus
1. Chief Engineer, Public Health Engineering Department, Jal
Bhawan, Jaipur (Rajasthan)
2. Superintendent Engineer, Public Health Engineering
Department, Churu (Raj.)
----Respondents
For Petitioner(s) : Mr. Arpan Kumar Sharma for
Mr. OP Jhajhria
For Respondent(s) : Mr. Imran Khan, AGC
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
31/03/2022
Learned counsel for the petitioner submits that the
controversy involved in this petition has squarely been decided by
this Court in the case of Babulal Sharma Vs. The State of
Rajasthan & Ors. in SB Civil Writ No.6323/2018 decided on
23.07.2018 by observing thus:-
"The present writ petition has been filed
by the petitioner, who is working on the post
of Helper in the Public Health
Engineering Department, Government of
Rajasthan, Jaipur, raising a grievance for
grant of selection scale after completion of
9/18/27 years of service as per notification of
the State Government dt. 25th January, 1992
and 17th February, 1998.
Counsel for the petitioner has submitted
that the controversy with regard to grant of
pay scale of Rs. 1400-2600 (Rs. 5000-8000)
as Second selection grade on completion of 18
years of his service and the pay scale of Rs.
(2 of 3) [CW-6608/2018]
5500-9000 on completion of 27 years of
service and the third selection grade has been
settled by this Court in respect of employees-
helpers working in the Engineering Sub-
ordinate services. Counsel submits that this
Court in S.B. Civil Writ Petition No. 14456/
2016 (Mithu Lal Teli Vs. State of Rajasthan &
Ors) and Other connected petitions while
deciding the case by order dt. 16th February,
2017, had further observed that the
controversy with regard to grant of selection
grade has been finally settled and employees
are entitled for grant of scale of completion of
18 & 27 years of service. The Employer-
Respondent-State has to treat the judgment
in REM and employees similarly situated
should not be asked to approach this Court by
filing separate writ petitions.
This Court has categorically held that
the petitioner and other similarly situated
persons are entitled for getting the pay scale
of Rs. 1400-2600 (Rs. 5,000-8,000) as
Second Selection Grade on completion of 18
years of service and the pay scale of Rs.
(5,500-9,000) on completion of 27 years of
service as the Third Selection Grade.
This Court finds that earlier directions of
this Court given in the case of Mithu Lal
(Supra) is not being followed by the
Employer-State and all the persons who were
earlier working or their entitlement being
crystallized are forced to approach this court
by filing separate writ petitions. The Court
finds that once issue of grant of selection
grade has been settled by the Apex Court, the
department is under an obligation to grant
similar benefits to all the similarly situated
persons.
Accordingly, the present writ petition is
allowed and the respondents are directed to
grant benefit of pay scale of Rs.
14,00-2600 (Rs. 5,000-8,000) to the
petitioner as next Selection grade on
completion of 18/27 years of service. The said
benefit may be conferred by the respondents
within a period of six weeks from the date of
passing of this order."
Counsel for the respondents opposed the arguments raised
by counsel for the petitioner but he is not in a position to
controvert the position of law as decided in the case of Babulal
Sharma (supra).
(3 of 3) [CW-6608/2018]
In view of the above, instant petition is hereby disposed of
and respondents are directed to pay all entitlements available to
the petitioner strictly in terms of order dated 23.07.2018 in the
case of Babulal Sharma (supra).
Stay application and all pending applications, if any stand
disposed of.
(ANOOP KUMAR DHAND),J
HEENA GANDHI /15
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