Rajasthan High Court - Jodhpur
Smt. Kalawati vs State Of Rajasthan And Ors. ... on 17 November, 2023
Bench: Kuldeep Mathur
[2023:RJ-JD:39470]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5391/2018
Smt. Kalawati Bhatnagar W/o Late Shri Shankar Lal, By Caste
Bhatnagar, Resident Of 2/1682, Kudi Bhagtasni Housing Board,
Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan Through Secretary, Medical And
Health Department, Government Of Rajasthan, Jaipur.
2. The Additional Director, Medical And Health Welfare
Services, Government Of Rajasthan, Jaipur.
3. The Chief Medical Health Officer, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Vishal Sharma
For Respondent(s) : Mr. K.S. Rajpurohit, AAG
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
17/11/2023
It is submitted by learned counsel for the petitioner that the
present writ petition is squarely covered by the judgment of
Hon'ble Division Bench 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 had 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 be granted relief as
granted in the case of Govind Dan Charan (supra).
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
[2023:RJ-JD:39470] (2 of 3) [CW-5391/2018]
Charan (supra), however, it is submitted that as the petitioner has
raised the issue belatedly, the material relief to her be restricted.
Reliance has been placed on the judgment of Hon'ble the
Supreme Court in the case of Union of India & Ors. v. Tarsem
Singh : (2008) 8 SCC 648.
In so far as the relief being claimed by the petitioner 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 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 ApexCourt
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."
In view thereof, the submissions made by learned counsel
appearing for the respondents regarding restricting the relief to
the petitioner cannot be countenanced.
Accordingly, the writ petition filed by the petitioner is allowed
and it is directed that the petitioner 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
[2023:RJ-JD:39470] (3 of 3) [CW-5391/2018]
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.
(KULDEEP MATHUR),J
299-divya/-
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