Sahee Ram Kaswan vs The State Of Rajasthan ...
2024 Latest Caselaw 9100 Raj

Rajasthan High Court - Jodhpur

Sahee Ram Kaswan vs The State Of Rajasthan ... on 17 October, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:42412]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 17023/2024

1.       Sahee Ram Kaswan S/o Shri Rameshwer Lal, Aged About
         58 Years, R/o H. No. 7-B-8, Jay Narayan Vyas Colony,
         Bikaner.
2.       Rakesh Vijayvergia S/o Hari Kishan Vijayvergia, Aged
         About 54 Years, R/o 1-K-8, Vaishali Nagar Housing Board
         Colony, Ajmer. At Present Working As Mvi, R.t.o Officer,
         Jodhpur.
3.       Narendra Singh Jodha S/o Late Kishan Singh Jodha, Aged
         About 62 Years, R/o 25, Subhas Colony, Kamla Nehru
         Nagar, Ajmer Road, Jaipur.
                                                                    ----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,    Jyothi      Nagar,       Lalkothi,   Jaipur,
         Rajasthan 302005.
                                                                 ----Respondents


For Petitioner(s)          :    Mr. Ankur Mathur
                                Ms. Shreshtha Mathur
For Respondent(s)          :    -



                HON'BLE MR. JUSTICE FARJAND ALI

Order

17/10/2024

1. Heard learned counsel for the parties.

2. The present writ petition has been filed with the following

prayers:-

"It is, therefore, respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction:-

(a) The record of the case may kindly called.

[2024:RJ-JD:42412] (2 of 3) [CW-17023/2024]

(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 (Annx.-4) w.e.f. 01.09.2008 along with interest to the tune of 12 % per annum;

(d) That the respondents may further be directed to grant all consequential benefits in accordance with law;

(e) Any other appropriate writ or order of direction which is favorable to the petitioners in the facts and circumstances of the case may kindly be granted to the petitioners.

(f) Costs of the litigation be allowed in favour of the petitioners."

3. 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 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

[2024:RJ-JD:42412] (3 of 3) [CW-17023/2024]

same relief which was extended by the Department in the

case of Vinay Bansal (supra).

4. Learned counsel for the respondents is not in a position to

dispute the submissions made by the learned counsel for the

petitioners.

5. 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.

6. 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 petitioners would be entitled to the relief.

(FARJAND ALI),J 193-chhavi/-

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