Lakha Ram vs State Of Rajasthan ...
2023 Latest Caselaw 5187 Raj

[2023/RJJD/017075] (1 of 2) [CW-7172/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7172/2023

Lakha Ram S/o Shri Shri Mangala Ram Bombhaniya, Aged About 73 Years, Resident of Megwal Pada, Didhoo, District Jaisalmer.

----Petitioner Versus

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

2. Secretary, Finance Department, Government Of Rajasthan, Secretariat, Jaipur.

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

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

5. Chief Medical And Health Officer, Jaisalmer.

6. Joint Director, Pension And Pensioner Welfare Department, Jaipur.

                                                                  ----Respondents


For Petitioner(s)         :     Mr. Manoj Bohra
For Respondent(s)         :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

24/05/2023

1. Learned counsel for the petitioner submits 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.

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

[2023/RJJD/017075] (2 of 2) [CW-7172/2023]

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 above, the present writ petition is disposed of

with a direction to the petitioner to submit a representation before

the respondents along with a copy of the order instant as well as

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

Charan (supra) within a period of two weeks.

3. On receipt of the representation so submitted by the petitioner,

the competent authority shall decide the same in accordance with

law as early as possible, preferably within a period of six weeks

thereafter.

4. The stay application also stands disposed of.

5. The order has been passed based on the submissions made in

the petition, the respondents would be free to examine the

veracity of the submissions made in the petition and only in case,

the averments made therein are found to be correct, the petitioner

would be entitled to the relief.

(VINIT KUMAR MATHUR),J 112-SanjayS/-

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