State Of Rajasthan vs Bhanwar Lal
2022 Latest Caselaw 4881 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Review Petition (Writ) No. 199/2019

1. 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.

----Petitioners Versus Bhanwar Lal S/o Shri Dhanna Ram, Aged About 66 Years, R/o Pokar Ji Ki Dhani Village Gunga Tehsil Sheo District Barmer (Raj.). Retired As Multi Purpose Health Worker In The Office Of Chief Medical Health Officer, Barmer.

----Respondent

For Petitioner(s) : Mr. Karan Singh Rajpurohit, AAG

HON'BLE MS. JUSTICE REKHA BORANA

Order

31/03/2022

For the reasons stated in the application under Section 5 of

the Limitation Act, the same is allowed. The delay in filing the

petition is condoned.

Learned counsel for the petitioner has submitted that a

similar review petition was filed in the matter of State Vs. Shashi

Devi (S.B. Review Petition (Writ) No. 46/2020) and the

same has been dismissed vide order dated 24.11.2021 by the Co-

ordinate Bench of this Court.

It is admitted on record that the present review petition has

also been filed on the same ground as raised in Shashi Devi's case

that the respondent was appointed as Malaria Surveillance Worker

(MSW) and he had already been granted the second selection

(2 of 2) [WRW-199/2019]

grade in the pay scale of Rs.975-1720 and third selection grade in

the pay scale of Rs.4000-6000. It has further been submitted that

the respondent was promoted to the post of Non-Medical-Assistant

(NMA).

Counsel has tried to distinguish the facts on the ground that

Govind Dan Charan's judgment was concerning the person

appointed as Malaria Surveillance Worker (MSW)/ Multipurpose

Worker (MPW) whereas in the present matter the respondent was

although appointed as MSW but was further promoted as Non-

Medical-Assistant (NMA).

The facts of the present case cannot be distinguished from

that of the Shashi Devi's Case.

In view of the above, there is no substance in the present

review petition and the same is, therefore, dismissed in the light

of Shashi Devi's Case.

In case the order dated 23.10.2017 passed in SBCWP No.

10116/2017 has not been implemented so far, the same be now

implemented within a period of four weeks.

(REKHA BORANA),J 1-Dharmendra/- Abhishek/-

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