Rajasthan High Court - Jodhpur

Abbas Ali vs State Of Rajasthan on 26 May, 2022

Bench: Arun Bhansali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4782/2021

1. Abbas Ali S/o Late Shri Barkat Ali, Aged About 72 Years, R/o Near Old Police Chauki, Sanganer, Bhilwara.

2. Uday Singh Padiyar S/o Late Devi Singh, Aged About 64 Years, R/o S-7/135, Labour Colony, Pratap Nagar, Bhilwara.

3. Narayan Singh Rathore S/o Late Bhoor Singh, Aged About 66 Years, R/o F-43, Near Alok School, Subhash Nagar, Bhilwara.

4. Shankar Lal Joshi S/o Late Onkar Lal Joshi, Aged About 76 Years, R/o Village Aama, Tehsil Kotri, District Bhilwara.

5. Ladu Lal S/o Shri Late Onkar Lal Joshi, Aged About 71 Years, R/o Village Aama, Tehsil Kotri, District Bhilwara.

6. Durga Shankar Sharma S/o Late Ram Gopal Sharma, Aged About 73 Years, R/o Devliyan Kalan, Tehsil Bhinay, District Ajmer.

7. Balwant Singh S/o Late Shankar Singh Panwar, Aged About 72 Years, R/o Village Jawda (Nimdi), Nia Bengu, Tehsil Rawatbhata, District Chittorgarh.

8. Manna Lal Bharawa S/o Late Mohan Lal Bharawa, Aged About 77 Years, R/o Naya Bazaar, Behind Bada Mandir, Bhilwara.

9. Smt. Kanchan Kanwar W/o Late Shri Shankar Singh Chundawat, Aged About 55 Years, R/o Village Dari, Post Swaroopganj, Tehsil And District Bhilwara.

----Petitioners Versus

1. State Of Rajasthan, Through Secretary To The Government, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.)

2. Director, Medical Health And Family Welfare Department, Sawasthya Bhawan, Jaipur.

3. Additional Director (Admn.), Department Of Medical And Health, Swasthya Bhawan, Jaipur.

4. Chief Medical And Health Officer, Bhilwara.

                                                                 ----Respondents



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                               Connected With

S.B. Civil Writ Petition No. 11612/2018 Lalita Devi W/o Late Shri Prem Prakash Pareek, Aged About 58 Years, Resident Of Village Beed Ka Kheda, Tehsil Mandalgarh, District Bhilwara (Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Secretary To The Government, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

2. Director, Medical Health And Family Welfare Department, Sawasthya Bhawan, Jaipur

3. Additional Director (Admn.), Department Of Medical And Health, Swasthya Bhawan, Jaipur.

4. Chief Medical And Health Officer, Bhilwara.

----Respondents S.B. Civil Writ Petition No. 11753/2018

1. Kanhaiya Lal Chhipa S/o Late Shri Ladu Lal Ji Chhipa, Aged About 68 Years, By Caste Chhipa, Opposite Old Police Station, Bus Stand, Tehsil Pur, District Bhilwara (Raj.)

2. Prakash Chand Mahatma S/o Late Shri Mohan Lal Ji Mahatma, Aged About 75 Years, By Caste Mahatma, Near Jain Mandir, Tehsil Pur, District Bhilwara (Raj.)

----Petitioners Versus

1. State Of Rajasthan, Through Secretary To The Government, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.)

2. Director, Medical Health And Family Welfare Department, Sawasthya Bhawan, Jaipur

3. Additional Director (Admn.), Department Of Medical And Health, Swasthya Bhawan, Jaipur

4. Chief Medical And Health Officer, Bhilwara

----Respondents S.B. Civil Writ Petition No. 12430/2018 Kailash Chandra Gurjar S/o Shri Ghesu Lal Gurjar, Aged About 52 Years, By Caste Gurjar, Ward No. 10, Tehsil Bhopalganj,

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District Bhilwara (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Secretary To The Government, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

2. Director, Medical Health And Family Welfare Department, Sawasthya Bhawan Jaipur.

3. Additional Director (Admn.), Department Of Medical And Health, Swasthya Bhawan, Jaipur.

4. Chief Medical And Health Officer, Bhilwara.

----Respondents S.B. Civil Writ Petition No. 12438/2018 Ram Krishan Acharya S/o Shri Bihari Lal, Aged About 72 Years, By Caste Acharya, Village Post Bagore, Tehsil Mandal, District Bhilwara (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Secretary To The Government, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

2. Director, Medical And Health And Family Welfare Department, Sawasthya Bhawan, Jaipur.

3. Additional Director (Admn.), Department Of Medical And Health, Swasthya Bhawan, Jaipur.

4. Chief Medical And Health Officer, Bhilwara.

----Respondents S.B. Civil Writ Petition No. 12439/2018 Smt. Bhanwar Kanwar W/o Late Shri Bhanwar Singh Chundawat, Aged About 75 Years, By Caste Rajput, Village Jogras, Post Nahari, Tehsil Raipur, District Bhilwara (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Secretary To The Government, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.)

2. Director, Medical Health And Family Welfare Department,

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Sawasthya Bhawan, Jaipur

3. Additional Director (Admn.), Department Of Medical And Health, Swasthya Bhawan, Jaipur

4. Chief Medical And Health Officer, Bhilwara

----Respondents S.B. Civil Writ Petition No. 12441/2018 Mithu Singh S/o Shri Lal Singh, Aged About 65 Years, By Caste Chundawat, Village Jogras, Post Nahari, Tehsil Raipur, District Bhilwara (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through Secretary To The Government, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

2. Director, Medical Health And Family Welfare Department, Sawasthya Bhawan, Jaipur.

3. Additional Director (Admn.), Department Of Medical And Health, Swasthya Bhawan, Jaipur.

4. Chief Medical And Health Officer, Bhilwara.

----Respondents

For Petitioner(s) : Mr. Sanjay Nahar. For Respondent(s) : Ms. Vandana Bhansali, AGC.

Ms. Anamika Bishnoi.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

26/05/2022 It is submitted by learned counsel for the petitioners that the

present writ petitions are squarely covered by the Division Bench

judgment of this Court in Govind Dan Charan v. State of

Rajasthan & Ors.: D.B. Civil Special Appeal (Writ) No.1068/2014

decided on 17.12.2015, against which Special Leave Petition filed

by the State has also been dismissed by the Hon'ble Supreme

Court vide order dated 12.7.2016 and therefore, the present writ

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petitions be allowed and the petitioners be granted relief as

granted in the case of Govind Dan Charan (supra).

Learned counsel for the respondent-State submits that

though the issue raised in the present writ petitions is squarely

covered by the judgment of this Court in the case of Govind Dan

Charan (supra), however, it is submitted that as the petitioners

have raised the issue belatedly, the material relief to them be

restricted.

Reliance has been placed in the judgment of Hon'ble

Supreme Court Union of India & Ors. v. Tarsem Singh : (2008) 8

SCC 648.

In so far as the relief being claimed by the petitioners are

concerned, there is no dispute that the same is governed by

the law laid down by this Court in the case of Govind Dan

Charan (supra).

In so far as the plea raised by the respondents is concerned,

a Co-ordinate Bench of this Court in Ramchandra Sharma v. The

State of Rajasthan & Ors.: SBCWP No.11254/2016 decided on

7.10.2016 dealing with another writ petition of identical nature

after noticing the submissions of learned counsel for the

respondents held as under:-

"A perusal of the judgment rendered by the Apex Court in the case of Union of India (supra) shows that the same does not apply to the facts of the present case. In the present case, no third party rights have been affected. It pertains to a financial loss which is a continuing injury to the petitioners.

It is apparent that in the case of Govind Dan Charan, the order has been passed on 17 th December, 2015 and the orders passed in identical matters have already been implemented by the Department in the connected writ petitions."

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In view thereof, the submissions made by learned counsel

appearing for the respondents regarding restricting the relief to

the petitioners cannot be countenanced.

Accordingly, the writ petitions filed by the petitioners are

allowed and it is directed that the petitioners 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 &

27 years of service respectively in terms of the judgment in the

case of State of Rajasthan v. Jagdish Narain Chaturvedi : (2009)

12 SCC 49 i.e. from the date of regular appointment.