Lichman Ram Son Of Ganga Ram vs State Of Rajasthan
2022 Latest Caselaw 6388 Raj/2

       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, Adv. For Respondent(s) : Mr Imran Khan, Addl. G.C.

HON'BLE MR. JUSTICE INDERJEET SINGH Order 28/09/2022

Application for early listing is allowed.

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 Tej Raj Kumawat Vs. The State of Rajasthan & Ors. (S.B.

Civil Writ Petition No. 14536/2017) wherein on 19.07.2018

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 &

(2 of 2) [CW-14819/2021]

Ors. (S.B. Civil Writ Petition 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 pay scale of Rs. 550-9000 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 grant of pay scale of Rs. 5000- 8000 instead of Rs. 4000-6000 as third selection grade.

The entitlement as above be executed within a period of six months from today."

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 Tej Raj Kumawat (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.

All the pending applications stand disposed of.

(INDERJEET SINGH),J

JYOTI /289

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