Bhura Ram Mobarasa vs State Of Rajasthan ...
2023 Latest Caselaw 8443 Raj

[2023:RJ-JD:34703] (1 of 3) [CW-16118/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 16118/2023

Bhura Ram Mobarasa S/o Late Shri Annaji, Aged About 85 Years, Resident Of Ramdev Ji Ka Bada Bas, Village Sewari, Tehsil Bali, District Pali (Rajasthan).

----Petitioner Versus

1. State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Secretariat, Jaipur (Raj.).

2. The Director (Non-Gazetted), Medical, Health And Family Welfare Department, Swasthya Bhawan, Rajasthan, Jaipur.

3. The Chief Medical And Health Officer, Jalore.

4. Assistant Director, Pension And Pensioners Welfare Department, Zone Jodhpur, Jodhpur.

----Respondents

For Petitioner(s) : Mr. Yashpal Khileree For Respondent(s) : Mr. K. S. Rajpurohit, AAG

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

12/10/2023

It is submitted by learned counsel for the petitioner that the

present writ petition is squarely covered by the Division Bench

Judgment 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 has also been dismissed by the Hon'ble Supreme

Court vide order dated 12.7.2016 and therefore, the writ petition

[2023:RJ-JD:34703] (2 of 3) [CW-16118/2023]

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 square

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

Charan (supra), however, it is submitted that as the petitioner has

raised the issue belatedly, the material relief to him be restricted.

Reliance has been placed in the judgment of Hon'ble

Supreme Court Union of India & Ors. v. Tarsem Singh : (2008)

8SCC 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. : SBCWP No.11254/2016 decided on

7.10.2016 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 Apex Court 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 17thDecember, 2015 and the orders passed in identical matters have already been implemented by the Department in the connected writ petitions."

[2023:RJ-JD:34703] (3 of 3) [CW-16118/2023]

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

years of service respectively in terms of the judgment in the case

of State of Rajasthan v. Jagdish Narain Chaturvedi : (2009) 12SCC

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.

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 73-Vivek/-

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