Citation : 2023 Latest Caselaw 736 Raj
Judgement Date : 19 January, 2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15026/2021
Dhana Ram S/o Chokha Ram, Aged About 68 Years, By Caste
Meghwal, R/o Village Aadaresh Dhundha, Post Khawas, Tehsil
And District Barmer (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Public
Health Engineering Department, Government Of
Rajasthan, Jaipur.
2. The Chief Engineer (Administration), Public Health
Engineering Department, Government Of Rajatshan,
Jaipur.
3. The Superintending Engineer, Public Health Engineering
Department, Circle Barmer, Barmer (Raj.).
4. The Assistant Engineer, Public Health Engineering
Department, District Subdivision Ii Barmer, District
Barmer (Raj.).
----Respondents
For Petitioner(s) : Mr. CS Bissa
For Respondent(s) : Ms. Anjana Jawa, Dy. GC
Mr. Mohit Choudhary
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
19/01/2023
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.
(Downloaded on 21/01/2023 at 12:34:27 AM)
(2 of 2) [CW-15026/2021]
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 & 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
25.01.1992 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."
In view of the above, the instant writ petition is allowed and
the respondents are directed to give all the entitlement available
to the petitioner strictly in terms of the judgment of Sohanalal
Mathur (supra).
All pending applications also stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
63-Sudheer/-
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