Rajasthan High Court - Jodhpur
Mukesh Kumar Dad vs The State Of Rajasthan ... on 4 October, 2023
Bench: Vinit Kumar Mathur
[2023:RJ-JD:32647]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 13967/2023
1. Mukesh Kumar Dad S/o Shri Ramswaroop Dad, Aged
About 49 Years, R/o 142, Main Shastri Nagar, Bhilwara.
2. Teeku Ram S/o Shri Mala Ram, Aged About 53 Years, R/o
V.p. Khakhasar, Tehsil Gida, Disit. Barmer.
3. Vikas Sharma S/o Shri Om Prakash Sharma, Aged About
45 Years, R/o E-137, Vishwakarma Marg Nirman Nagar,
Jaipur.
4. Sanjay Sharma S/o Shri Hetram Sharma, Aged About 55
Years, R/o 1 Krishna Nagar, Near Vaishali Police Station,
Vaishali Nagar Jaipur.
5. Chhitar Singh S/o Shri Shiv Narayan Singh, Aged About
66 Years, R/o 208, Ak Gopalan Nagar, Khatipura Road,
Jaipur.
6. Madan Mohan Sharma S/o Late Shri Lalta Prasad, Aged
About 58 Years, R/o 2 Krishna Nagar, Vaishali Nagar, Near
Vaishali Police Station, Jaipur.
7. Balveer Singh S/o Shri Sujjan Singh, Aged About 57
Years, R/o 124 Gayatri Nagar-B Maharani Farm,
Durgapura, Jaipur.
8. Gopal Krishna Sharma S/o Shri Tekchand Sharma, Aged
About 57 Years, R/o Sharma Sadan, Near Muni Ashrama,
Jhunjhunu.
9. Ashok Kumar Sharma S/o Late Shayam Sunder Sharma,
Aged About 58 Years, R/o A-94, Krni Nagar, Pavanpuri,
Bikaner.
----Petitioners
Versus
1. The State Of Rajasthan, Through The Additional Chief
Secretary, Department Of Transport, Secretariat, Jaipur,
Rajasthan, 302005.
2. The Commissioner, Department Of Rajasthan Transport,
409, Sahakar Marg, Jyoti Nagar, Lalkothi, Jaipur,
Rajasthan 302005.
----Respondents
[2023:RJ-JD:32647] (2 of 3) [CW-13967/2023]
For Petitioner(s) : Mr. Ankur Mathur
For Respondent(s) : Mr. Sudhir Tak, AAG
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
04/10/2023
Heard learned counsel for the parties.
The present writ petition has been filed with the following
prayers:-
"(a) The record of the case may kindly called.
(b) The respondents may be directed to refix the pay
scale of the post of Motor Vehicle Sub Inspectors at par
to that with the posts of Mechanics in Rajasthan Police
Forensic Science Subordinate Service, Instructor in ITI
and Mechanical Foreman in Mines and Geology
Department w.e.f. the date of entry in service;
(c) The respondents may be directed to grant the
benefit of revised pay scale to the petitioners as per the
Notification dated 06.04.2013 w.e.f. 01.09.2008 along
with interest to the tune of 12 percent per annum;
(d) That the respondents may further be directed to
grant all consequential benefits in accordance with law;"
Learned counsel for the petitioners submits that the
controversy involved in the present case is squarely covered by a
judgment of this Court in S.B. Civil Writ Petition
No.1723/2001 "Vinay Bansal & Ors. Vs. State of Rajasthan
& Anr." decided on 28.05.2015. Learned counsel further submits
that the matter has attained finality as the appeal against the
order dated 28.05.2015 has been affirmed by the Division Bench
vide judgment dated 23.11.2017 and the S.L.P against the
Division Bench judgment dated 23.11.2017 has also been
[2023:RJ-JD:32647] (3 of 3) [CW-13967/2023]
dismissed vide order dated 03.05.2019. He submits that the
review petition and thereafter curative petition against the order
of the Hon'ble Supreme Court dated 03.05.2019 too was rejected.
In these circumstances, the learned counsel for the petitioners
submits that the petitioners are entitled to the same relief which
was extended by the Department in the case of Vinay Bansal
(supra).
Learned counsel for the respondents is not in a position to
dispute the submissions made by the learned counsel for the
petitioners.
In view of the discussions made above, the writ petition
merits acceptance and the same is allowed in terms of the order
passed by this Court in the case of Vinay Bansal (supra) on
28.05.2015. The respondents are directed to extend the benefits
accruing to the petitioners within a period of two months from the
date of receipt of the certified copy of this order.
(VINIT KUMAR MATHUR),J
124-Vivek/-
Powered by TCPDF (www.tcpdf.org)
