Rajasthan High Court - Jodhpur
Bhagwan Sahay Sharma vs The State Of Rajasthan ... on 10 October, 2025
[2025:RJ-JD:44614]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17474/2025
Bhagwan Sahay Sharma S/o Shri Rameshwar Lal Sharma, Aged
About 62 Years, R/o 148-B, Mahadev Nagar, Sirsi Road,
Vishnawala, Panchyawala, Jaipur, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Principal Secretary,
Department Of Home Affairs, Government Of Rajasthan,
Secretariat, Jaipur.
2. The Inspector General, Prisons, Rajasthan, Jaipur.
3. The Superintendent, Central Jail, Bikaner.
----Respondents
For Petitioner(s) : Mr. Hemant Dutt.
For Respondent(s) : Mr. Govind Suthar, Dy. G.C.
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
10/10/2025
1. The learned counsel appearing for the petitioner as well as
respondents submits that the facts of the present writ petition are
similar to the order dated 27.02.2025, S.B. Civil Writ Petition No.
13157/2020 (Heera Lal Vs. The State of Rajasthan & Ors.).
The said order dated 27.02.2025 reads as follows:-
"1. Learned counsel for the petitioner submits that
the issue in the present petition stands squarely
covered by the judgment passed by this Court in the
case of Nemi Chand v. State of Rajasthan & Ors.,
S.B. Civil Writ Petition No.3947/2017 (decided on
29.01.2018).
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2. In Nemi Chand's case (supra), while relying
upon thejudgment passed in Sohanlal Mathur v.
State of Rajasthan & Ors., S.B. Civil Writ Petition
No.3631/2008 (decided on17.11.2008), the Court
held that in a case where a pay-scale of the
promotional post is same, then the employee is
required to receive the next higher pay-scale as per
para-5 of the Notification dated 25.1.1992.
3. Learned counsel appearing for the respondents is
not in a position to refute the above submission. He
rather admits that the issue would be covered by
Nemi Chand's case (supra).
4. Heard learned counsels and perused the material
available on record.
5. In Sohanlal Mathur's case (supra), the Court
held as under:
"The controversy involved in this petition for
writ is considered by this Court in Sharvan
Kumar v. State of Rajasthan & Ors., SB
Civil Writ Petition No. 2156/2007, decided
on 5.9.2008. In the case aforesaid the issue
was relating to grant of selection grade of a
person holding the post of Electrician Gr.I
having an avenue for promotion to the post of
Foreman Gr.II in the same pay scale. In the
case aforesaid this Court held as follows:-
"As per the respondents the pay scale
of post of Foreman Gr.II was given to
the petitioner on completion of 18 years
of service, however, it is not in dispute
that the pay scale of Foreman Gr.II and
the Electrician GR.I is same. The
Government of Rajasthan under the
notification dated 25.1.1992 allowed
selection grades on completion of a
specific term of service with a view to
remove stagnation in service, due to
non grant of promotion. Promotion in
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service means authority of higher post
with higher emoluments. The selection
grade satisfies higher emoluments only.
If the government do not grant even
the higher emoluments then the
prescription of selection grade shall be
of no consequence. The prescription of
same pay scale on competition of 18
years of service as a matter of fact is an
illusory benefit and that is not at all
grant of selection grade with the spirit
of the notification dated 25.1.1992. The
petitioner though was not possessing
the requisite qualification for the
purpose of promotion to the post of
Electrical Supervisor,however, selection
grade as per para 5 of the notification
dated 25.1.1992 should have been
allowed to him as that adequately take
care of such circumstances."In the
instant matter too the petitioner is
holding the post of Fitter Gr.I and the
pay scale of Foreman Gr.II is given to
him. The pay scale applicable for the
post of Fitter Gr.I and Foreman Gr.II is
same. As per para 5 of the Government
of Rajasthan's notifications dated
25.1.1992 and 17.2.1998, in such
eventuality the employee is required to
receive the next higher pay scale as
prescribed in para 5 of the notifications
aforesaid. The petitioner as per para 5
of the notification dated 25.1.1992 was
entitled to receive second selection
grade i.e. of Rs. 1400-2600 instead of
Rs. 1200-2050. After revision of the pay
scale the petitioner become entitled to
get his pay fixed in the pay scale of Rs.
5000-8000 instead of Rs. 4000-6000.As
a consequent to the fixation of the
selection grades as above, the
petitioner also become entitled for
fixation in the pay scale of Rs. 5500-
9000 instead of Rs. 5000-8000 on
getting third selection grade i.e. on
completion of 27 years of service. In
view of whatever said above, this
petition for writ deserves acceptance
and, therefore, the same is allowed.
The respondents are directed to allow
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selection grade to the petitioner on
completion of 18years of service as per
para 5 of the notifications dated
25.1.1992 and 17.2.1998. The
petitioner is declared entitled for getting
the pay scale of Rs. 1400-2600
(Rs.5000-8000) as second selection
grade on completion of 18 years of
service and the pay scale of Rs. 5500-
9000 on completion of 27 years of
service as the third selection grade. The
entitlement as declared above is
required to be executed by the
respondents within a period of six
months from today. No order to costs."
6. In view of the ratio as laid down in the cases of
Sohanlal Mathur and Nemi chand (supra), the
present writ petition is also allowed.
7. The respondent - Department is directed to
confer the benefits to the petitioner within a period of
three months from today. The petitioner has since
retired, respondents are, therefore, directed to issue
revised PPO and GPO within a period of eight weeks
from today."
2. In light of the above, the instant writ petition is also
disposed of in the same terms as in the order dated 27.02.2025
in Heera Lal's case (supra).
(MUNNURI LAXMAN),J
80-Mohan/-
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