The Chief Engineer vs Shiv Ram Saini (2024:Rj-Jd:37183)
2024 Latest Caselaw 7861 Raj

Rajasthan High Court - Jodhpur

The Chief Engineer vs Shiv Ram Saini (2024:Rj-Jd:37183) on 9 September, 2024

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2024:RJ-JD:37183]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      AT JODHPUR.
                S.B. Civil Writ Petition No. 10637/2024

1.       The Chief Engineer, Administration, Public Health And
         Engineer Department, Government Of Rajasthan Jaipur,
         Rajasthan.
2.       The Superintendent Engineer, Public Health And Engineer
         Department, Circle- Jhunjhanu, Jhunjhanu, Rajasthan.
3.       The Assistant Engineer, Public Health And Engineer
         Department, Sub Div- Nawalgarh, Jhunjhanu, Rajasthan.
                                                                   ----Petitioners
                                     Versus
Shiv Ram Saini S/o Shri Mohan Lal Saini, R/o Chopdaro Ki Dhani,
Nawalgarh, Dist- Jhunjhunu, Rajasthan.
                                                                  ----Respondent


For Petitioner(s)          :     Mr. P.S.Chundawat.




         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

09/09/2024

Heard learned counsel for the petitioners.

The present writ petition has been filed against the order

dated 27.02.2020 whereby the Rajasthan Civil Services Appellate

Tribunal, circuit Bench, Jodhpur has allowed the appeal preferred

by the respondent.

The order dated 27.02.2020 has been passed by the Tribunal

on the basis of the judgment dated 17.11.2008 rendered by this

court in the case of Sohan Lal Mathur. The order passed by this

court in the case of Sohan Lal Mathur has attained finality up to

the Hon'ble Supreme Court and the benefits accrued therefrom

have already been granted to the petitioner of that case and other

[2024:RJ-JD:37183] (2 of 2) [CW-10637/2024]

similarly situated persons. The Tribunal relying upon the judgment

rendered in the case of Sohan Lal Mathur has granted the benefit

of third selection scale to the respondent in the pay scale of

Rs.5000-8000 on completion of his 27 years of service.

Learned counsel for the petitioners is not in a position to

refute the fact that reliance placed by the Tribunal in the case of

Sohan Lal Mathur has not attained finality up to the Hon'ble

Supreme Court. He fairly submits that the benefits accruing to the

other similarly situated persons in the light of judgment passed by

this court in the case of Sohan Lal Mathur have also been granted.

In this view of the matter, in the humble opinion of this

court, no error has been committed by the Tribunal while passing

the order dated 27.02.2020. The writ petition is dismissed being

devoid of any force.

(VINIT KUMAR MATHUR),J 14-AnilSingh/-

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