Ratani Devi vs State Of Rajasthan ...
2023 Latest Caselaw 5451 Raj

[2023:RJ-JD:24440]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5363/2022

Ratani Devi W/o Late Heera Lal Jangid, Aged About 70 Years, B/c Meghwal Resident Of Village Jesinddhar Gaon Tehsil Gadra Road District Barmer.

----Petitioner Versus

1. State Of Rajasthan, Through Its 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.

4. The Joint Director, Pension And Welfare Dept. Jodhpur

----Respondents

For Petitioner(s) : Mr. Surendra Bagmalani. For Respondent(s) : Ms. Varinda Samdani for Ms. Vandana Bhansali.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

01/08/2023

1. It is submitted by learned counsel for the petitioner/s that

the present writ petition is 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 12.07.2016 and,

therefore, the writ petition be allowed and the petitioner/s be

granted relief as granted in the case of Govind Dan Charan

(supra).

[2023:RJ-JD:24440] (2 of 3) [CW-5363/2022]

Learned counsel for the respondent-State submits that

though the issue raised in the present writ petition is squarely

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

Charan (supra), however, it is submitted that as the petitioner/s

has/have raised the issue belatedly, the material relief to her/him/

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 petitioner/s is

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.: S.B.C.W.P. No. 11254/2016 decided on

07.10.2016 while 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."

[2023:RJ-JD:24440] (3 of 3) [CW-5363/2022]

In view thereof, the submissions made by learned counsel

appearing for the respondents regarding restricting the relief to

the petitioner/s cannot be countenanced.

Accordingly, the writ petition filed by the petitioner/s is

allowed and it is directed that the petitioner/s 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.

The required exercise would be completed by the

respondents within a period of three months from the date of this

judgment.

(ARUN BHANSALI),J 113-Sumit/-

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