Rajasthan High Court - Jodhpur

Shafi Mohammad vs The State Of Rajasthan ... on 17 April, 2023

Bench: Vinit Kumar Mathur

[2023/RJJD/010314]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5143/2023

1. Shafi Mohammad S/o Late Shri Ghasi Khan, Aged About 84 Years, Bagore, Tehsil Mandal, District Bhilwara.

2. Raisa Begum W/o Late Shri Ajiz Mohammad Sheikh, Aged About 75 Years, Muslim Mohalla, Bagore, Tehsil Mandal, District Bhilwara.

3. Ravi Shankar Acharya S/o Late Shri Jagdish Prasad Acharya, Aged About 84 Years, Near Panchayati Nohra, Banera, Tehsil Banera, District Bhilwara.

4. Ram Pal Lakhara S/o Late Shri Devi Lal Lakhara, Aged About 70 Years, Badnor, Tehsil Badnor, District Bhilwara.

5. Kamla Charmkar, Aged About 67 Years, Tehsil Mandalgarh, District Bhilwara.

6. Ramu Devi W/o Late Shri Kanwar Lal Sharma, Aged About 70 Years, Shambhugarh, Tehsil Asind, District Bhilwara.

7. Mithlesh Devi W/o Late Shri Radhey Shyam Payak, Aged About 65 Years, Purani Dhanmandi, Bhilwara.

8. Ladi Devi W/o Late Shri Rameshwar Prasad Parashar, Aged About 66 Years, Kesarganj, Tehsil Bijolia, District Bhilwara.

9. Kanchan Devi W/o Late Shri Faujmal Payak, Aged About 72 Years, Gaytri Nagar, District Bhilwara.

10. Bheru Lal Bhambhi S/o Tikam Chand Bhambhi, Aged About 70 Years, Gurla, Tehsil And District Bhilwara.

11. Kanhaiya Lal S/o Ladu Lal Chhipa, Aged About 67 Years, Pur, Tehsil And District Bhilwara.

12. Habib Noor Sheikh S/o Mohammad Noor Sheikh, Aged About 70 Years, Bagore, Tehsil Mandal, District Bhilwara.

13. Bhura Lal Sharma S/o Chhitar Mal Ji Sharma, Aged About 79 Years, Amarvasi, Tehsil Jahajpur, District Bhilwara.

14. Bheru Lal Dhobi S/o Mangi Lal Ji Dhobi, Aged About 63 Years, Badnor, Tehsil Badnor, District Bhilwara.

15. Jagdish Chandra Sharma S/o Choga Lal Ji Sharma, Aged About 76 Years, Baddu, Tehsil Kareda, District Bhilwara.

16. Ladu Lal Sharma S/o Ratan Lal Sharma, Aged About 69 Years, Bagudar, Tehsil Jahajpur, District Bhilwara.

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17. Kashi Lal Vaishnav S/o Mathura Das Ji Vaishnav, Aged About 75 Years, Kachola, Tehsil Mandalgarh, District Bhilwara.

18. Ram Lal Sharma S/o Jagdish Ji Sharma, Aged About 73 Years, Pathan, Tehsil Badnor, District Bhilwara.

19. Ram Chandra Sharma S/o Hajarimal Ji Sharma, Aged About 80 Years, Aamligarh, Tehsil Hameergarh, District Bhilwara.

20. Jethmal Sharma S/o Sohan Lal Ji Sharma, Aged About 70 Years, Pragya Colony, Beawar Road, Vijaynagar, District Bhilwara.

21. Bhagwati Lal S/o Bakhtawar Ji Balai, Aged About 70 Years, Daulatgarh, Tehsil Asind, District Bhilwara.

22. Ranjit Kayamkhani S/o Mishri Khan Kayamkhani, Aged About 73 Years, Phuliya Gate, Shahpura, Tehsil Shahpura, District Bhilwara.

23. Shankar Lal Joshi S/o Onkar Lal Joshi, Aged About 78 Years, Aama, Tehsil Kotdi, District Bhilwara.

24. Ladu Lal S/o Onkar Lal Joshi, Aged About 73 Years, Aama, Tehsil Kotdi, District Bhilwara.

25. Nand Keshwar Tiwari S/o Ghisu Lal Ji Tiwari, Aged About 70 Years, Shambhugarh, Tehsil Asind, District Bhilwara.

26. Hari Singh Ranawat S/o Kishan Singh Ranawat, Aged About 69 Years, Chhapdel, Tehsil Kotdi, District Bhilwara.

27. Chandra Singh Rathore S/o Hari Singh Ji Rathore, Aged About 73 Years, Hameergarh, Tehsil Hameergarh, District Bhilwara.

28. Jagdish Chandra Ojha S/o Hajari Lal Ojha, Aged About 72 Years, Aama, Tehsil Kotdi, District Bhilwara.

29. Pyar Chand Sharma S/o Late Shri Mool Chand Sharma, Aged About 77 Years, Aarajiya, Tehsil And District Bhilwara.

30. Ram Chandra Paliwal S/o Late Shri Kanhaiya Lal Paliwal, Aged About 69 Years, Meja, Tehsil Mandal, District Bhilwara.

31. Peeru Lal Siroya S/o Jai Narayan Siroya, Aged About 77 Years, B-556, Azad Nagar, Hanuman Marg, Bhilwara.

32. Allabhaksh Aasam S/o Late Shri Rasul Khan Aasam, Aged

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About 67 Years, New Abadi Mandalgarh, Tehsil Mandalgarh, District Bhilwara.

33. Ramswaroop Joshi S/o Late Shri Balu Ram Joshi, Aged About 75 Years, G-67, R. K. Colony, Bhilwara.

34. Bansi Lal Purohit S/o Late Shri Jagan Nath Purohit, Aged About 69 Years, Near Pratap Talkies, Jupiter Street, Bhilwara.

35. Laxmi Narayan Sharma S/o Late Shri Kalu Ram Ji Sharma, Aged About 73 Years, Mandal, Tehsil Mandal, District Bhilwara.

36. Bheru Lal Bhati S/o Ram Chandra Bhati, Aged About 69 Years, C-233, Sudama Marg, Sanjay Colony, Bhilwara.

37. Ratan Lal Sain S/o Late Shri Moti Lal Sain, Aged About 69 Years, Kothar Mohalla, Shahpura, District Bhilwara.

38. Shamshuddin Rangrez S/o Late Shri Mohammed Ramjan, Aged About 70 Years, 125, Mohammed Colony, Shastri Nagar, Bhilwara.

39. Kanhaiya Lal Koli S/o Late Shri Ghisu Lal Koli, Aged About 68 Years, Sanganeri Gate, Koli Mohalla, Bhilwara.

40. Jagdish Chandra Enani S/o Kashi Ram Ji Enani, Aged About 65 Years, Korai, Tehsil And District Bhilwara.

41. Bhagwat Singh Rathore S/o Late Shri Himmat Singh Rathore, Aged About 72 Years, R. K. Colony, Bhilwara.

----Petitioners Versus

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

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

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

4. The Chief Medical And Health Officer, Bhilwara

----Respondents

For Petitioner(s) : Mr. Sanjay Nahar

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

17/04/2023

1. Learned counsel for the petitioner submits that the matter is

squarely covered by the judgment passed by this Court in Dadam

Das Vaishnav Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition

No.8309/2012, decided on 20.05.2013). The judgment reads as

under:-

"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 the amendment introduced in Rajasthan Civil Services(Revised Pay-scale) Rules, 1989, the payscale 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, payscale 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 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 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 go 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

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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 deserved to be accepted. 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 orders as to costs."

2. Learned counsel for the petitioner submits that the petitioner

would be satisfied if her representation is decided by the

respondents in light of the aforequoted judgment of Dadam Das

Vaishnav (supra).

3. In light of the aforequoted judgment, the writ petition is

disposed of with the direction to the respondents to decide the

representation of the petitioner in terms of Dadam Das Vaishnav's

case(supra) within a period of 30 days from today strictly in

accordance with law.