Babu Lal Yadav vs State Of Rajasthan And Ors. ...
2023 Latest Caselaw 10361 Raj

Citation : 2023 Latest Caselaw 10361 Raj
Judgement Date : 2 December, 2023

Rajasthan High Court - Jodhpur

Babu Lal Yadav vs State Of Rajasthan And Ors. ... on 2 December, 2023

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2023:RJ-JD:41702]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 12043/2017

Babu Lal Yadav S/o Ganpat Ram Yadav, By Caste Mali, Resident
Of Ward No. 4, Near Gate No. 2, Gopal Pura Ka Rasta,
Sujangarh.
                                                                         ----Petitioner
                                         Versus
1.       The State Of Rajasthan Through Secretary, Public Health
         Engineering       Department,           Government            Of     Rajasthan,
         Jaipur.
2.       The       Chief       Engineer,        Public       Health         Engineering
         Department, Government Of Rajasthan, Jaipur.
3.       The Superintending Engineer, Public Health Engineering
         Department, Circle Churu, Churu Raj.
4.       The    Assistant          Engineer,      Public      Health        Engineering
         Department, Subdivision Sujangarh Dist Churu Raj.
                                                                      ----Respondents


For Petitioner(s)              :    Mr. C.S. Bissa.
For Respondent(s)              :    Ms. Anjana Jawa, Dy. G.C.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

02/12/2023

Learned counsel for the petitioner submits that the

controversy involved in the present writ petition is squarely

covered by a decision rendered in the case of Sohanlal Mathur

vs. State of Rajasthan & Ors. (SBCWP 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

[2023:RJ-JD:41702] (2 of 2) [CW-12043/2017]

Kumar Vs. State of Rajasthan & 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 the pay scale of Rs.5500-9000 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."

Ms. Anjana Jawa, Dy. G.C. appearing for the respondents is

not in position to dispute the fact that the controversy involved in

the matter has already been settled by this Court in the case of

Sohanlal Mathur (supra).

In this view of the matter, the instant writ petition is also

allowed in the same terms and the petitioner is declared entitled

for the grant of pay scale of Rs.5000-8000 instead of Rs.4000-

6000 as third selection grade. Thereafter, pay of the petitioner be

revised by taking option form from him, if required.

The entitlement as above be executed within a period of six

months from today.

(KULDEEP MATHUR),J 329-Tikam/-