Sunil Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 4495 Raj

Citation : 2023 Latest Caselaw 4495 Raj
Judgement Date : 11 May, 2023

Rajasthan High Court - Jodhpur

Sunil Kumar vs State Of Rajasthan ... on 11 May, 2023

Bench: Dinesh Mehta

[2023/RJJD/014656]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11399/2019

1. Sunil Kumar S/o Late Shri Banshidhar Verma, Aged About 48 Years, Resident Of Krishni Mandi Road, Merta City, District Nagaur.

2. Rakesh Kumar S/o Late Shri Banshidhar Verma, Aged About 32 Years, Resident Of Krishi Mandi Road, Merta City, District Nagaur.

----Petitioners Versus

1. State Of Rajasthan, Through Secretary To The Government, Medical And Health Department, Government Of Rajasthan, Secretariate, Jaipur (Raj.).

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

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

4. Chief Medical And Health Officer, Nagaur.

5. Joint Director, Pension And Pensioners Welfare Department, Ajmer.

----Respondents

For Petitioner(s) : Mr. Manoj Bohra For Respondent(s) : Mr. Gaurav Ranka for Ms. Vandana Bhansali

JUSTICE DINESH MEHTA

Order

11/05/2023

1. Learned counsel for the parties submit that the issue

involved in the present petition, regarding correct fixation in the

pay-scale upon completion of 18 and 27 years of service and

consequential re-fixation of pension, gratuity and other retiral

benefits, is squarely covered by judgment of this Court in D.B.

[2023/RJJD/014656] (2 of 3) [CW-11399/2019]

Civil Special Appeal (Writ) No.1068/2014 (Govind Dan

Charan Vs. State of Rajasthan & Ors.), decided on

17.12.2015, along with a batch of similar Special Appeals, with

following directions-

"In view of the above discussion, the appeals filed by the appellants are allowed. The order dated 15.04.2014 passed by the learned Single Judge in all the writ petitions is set aside, the writ petitions filed by the petitioners-appellants are allowed to the extent that the appellants 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 and 27 years of service respectively in terms of judgment in the case of Jagdish Narain Chaturvedi (supra), 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."

2. In view of the aforesaid, the present writ petition is disposed

of with the direction to the petitioners to file a representation

along with certificate copy of the order instant, indicating therein

the pay-scale to which the petitioners - Sunil Kumar and Rakesh

Kumar entitled.

3. On receipt of the representation, the respondents shall

consider the same in accordance with law including the Division

Bench judgment in the case of Govind Dan Charan (supra).

Needful be done within a period of eight weeks of receiving the

representation.

4. It is made clear that aforesaid direction to decide the

representation has been issued only with a view to ensure