Citation : 2026 Latest Caselaw 699 Raj
Judgement Date : 16 January, 2026
[2026:RJ-JD:2833]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 23164/2025
1. Tulchharam S/o Late Shri Chatraram, Aged About 72
Years, Resident Of Village Khokhariya, Sansiyon Ki Dhani,
Banar Road, Jodhpur (Raj.).
2. Nemichand S/o Shri Hajari Mal, Aged About 71 Years,
Resident Of 31-A, Sushant Vihar, Near Arti Nagar, Pal,
Jodhpur (Raj.).
3. Dilip S/o Shri Kasam Khan, Aged About 71 Years,
Resident Of Chhipon Ki Ghati, Veer Mohalla, Opposite
Masjid, Jodhpur (Raj.).
4. Haji Mohammad S/o Shri Nathu Khan, Aged About 72
Years, Resident Of Gayon Ki Fatak, Aasan, Udai-Mandir,
Jodhpur (Raj.).
5. Kesha Ram S/o Shri Pabu Ram, Aged About 72 Years,
Resident Of Village Khokhariya, Banar Road, Jodhpur
(Raj.).
6. Aarthar S/o Shri Nelson Jeorge, Aged About 72 Years,
Resident Of 12/133, Chopasani Housing Board, Jodhpur
(Raj.).
7. Abdul Majeed S/o Shri Kale Khan, Aged About 79 Years,
Resident Of 122-B-II, Kamla Nehru Nagar, Jodhpur (Raj.).
8. Ram Pratap S/o Shri Bholaram Kachchawah, Aged About
79 Years, Resident Of Indra Colony, Mandor Road,
Mahamandir, Jodhpur (Raj.).
9. Gokul Singh S/o Shri Shankar Singh, Aged About 70
Years, Resident Of 125, Vaibhav Vihar, Near Balam Hotel,
Shikargarh, Ratanada, Jodhpur (Raj.).
10. Raghu Singh S/o Late Shri Devi Singh, Aged About 70
Years, Resident Of 14/977, Chopasani Housing Board,
Jodhpur (Raj.).
11. Smt. Kamla W/o Late Shri Ratna Ram, Aged About 63
Years, Resident Of Village Khokhariya, Banar Road,
Jodhpur (Raj.).
----Petitioners
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Medical And Health Services, Govt. Secretariat, Jaipur.
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2. Director (Non-Gazetted), Medical And Health Service,
Swasthya Bhawan, Tilak Marg, Govt. Of Rajasthan, Jaipur.
3. Chief Medical And Health Officer, Opposite Central Jail,
Jodhpur.
4. Joint Director, Medical And Health Services, Zone Jodhpur,
Jhalamand, Jodhpur.
5. Joint Director, Pension And Pensioners Welfare
Department, Jodhpur Zone, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Yash Pal Khileree
For Respondent(s) : Mr. Tanuj Jain for
Mr. Mukesh Dave, AGC
Mr. Mahaveer Pareek, for the
respondent no.5
HON'BLE MS. JUSTICE REKHA BORANA
Order
16/01/2026
1. Counsel for the petitioners submits that the issue rests
covered by the judgment passed by a Co-ordinate Bench of this
Court in Mangi Lal Sharma Vs. State of Rajasthan & Ors.;
D.B. Civil Writ Petition No.10332/2015 and other connected
matters (decided on 12.02.2024).
2. Counsel for the respondents is not in a position to refute the
above submission.
3. In Mangi Lal (supra), the Court observed and held as
under:
"5. The controversy before this Court is pivoted on answer to the question, whether a Field Worker, who did not undergo three months of training as a Health Worker and was consequently not assigned to the position of Health Worker but continued to work as a Multipurpose Worker, would be entitled to the pay
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scale outlined in the notification dated 06.10.1993 (Annexure-5) upon completing 10 years of service?.
6. The answer is in affirmative. Reasons are not far to seek. Foremost, reference may be had to the office circular dated 16.07.1992 (Annexure-9) issued by the Medical and Health Department, Government of Rajasthan. At serial No. 15, it explicitly states that the position of Field Worker (Male) would be redesignated as Health Worker (Male) / Multipurpose Worker.
7. Pertinently, in the process of redesignation, no distinction has been made between the Health Worker (Male) and Multipurpose Worker.
8. No doubt, an individual who has completed the three months of training as outlined in the notification dated 30.11.1994 (Annexure-3) would be entitled to work in the capacity of Health Worker (Male).
9. It is undisputed that the petitioners have not undergone the three months of training, and they continue to serve as Multipurpose Health Workers, as is the case even today.
10. What thus has to be seen is if the petitioners are entitled to the benefit of the notification dated 06.10.1993 (Annexure-5). For ready reference, the same is reproduced hereunder :-
"GOVERNMENT OF RAJASTHAN Finance (Gr.2) Department NOTIFICATION No.F.20(53)FD(Gr.2)/89-Pt.III Jaipur, dated:6-10- 1993.
Subject:-Rajasthan Civil Services (Revised Pay Scales)Rules, 1989.
In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Rajasthan is pleased to make the following rules amend further the Rajasthan Civil Services (Revised Pay Scales) Rules, 1989, namely:-
1. These rules may be called the Rajasthan Civil Services (Revised Pay Scales) (Sixteenth Amendment) Rules, 1993.
2. They shall be deemed to have come into force with effect from 1.9.1988.
3. In the Rajasthan Civil Services (Revised Pay Scales) Rules, 1909 - in Section 'B' - Schedule 1 - Medical & Health Department - the existing Item at serial number 2 appearing under heading "(111) Rajasthan Medical & Health Subordinate Service -
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Group 'B' " shall be substituted by the following, namely -
2. Multipurpo 820- 950- (6) Persons possessing Requisite se 520 1680 qualifications(Secondary with Worker one year Multipurpose Worker (Male) training) will draw pay in this scale.
(ii) Persons not possessing requisite qualifications shall draw pay in this scale on completion of 10 years of service as Multipurpose Worker (Male) For others.
730- ii) Persons not possessing
1250890- requisite qualifications shall
1250 (3) draw pay in this scale on
completion of 10 years of
service as Multipurpose
Worker (Male) For others.
By Order of the Governor
-sd-
(RAM AVTAR)
Deputy Secretary to Government"
11. A perusal of the above leaves no manner of doubt that a Multipurpose Worker (Male) is entitled to the Pay Scale of Rs.950-1680 w.e.f. 01.09.1988, provided he is a person either possessing the qualification of Secondary with one year of Multipurpose Worker Training, or in the event of not having the requisite education qualification he has otherwise rendered 10 years of services.
12. The petitioners claim the benefit of later contingency on having served uninterruptedly as Multipurpose Worker for the past10 years. There having rendered service for more than 10 years is a conceded position.
13. As an upshot, I see no reason as to why the benefit of aforesaid notification be not accorded to the petitioner.
14. Accordingly, the writ petition is allowed.
15. Resultantly, the respondents are directed to accord the due benefit to the petitioners by fixation of their pay in the pay scale of Rs.950-1680 w.e.f. the date when the same would fall as per the
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notification ibid by verifying their individual effective dates.
16. Necessary exercises would be carried out within a period of three months and arrears, if any, be also paid along with interest(7 of 7)as per the rate of interest applicable according to the relevant service rules.
17. It transpires that the petitioners except petitioner
- Rajendra Kumar have already superannuated. In the premise, it is expected from the respondents that the due benefits including revision of pension be also accorded to the superannuated petitioner in accordance with law after carrying out necessary pay fixation, as above.
18. Pending applications, if any, also stand disposed of."
4. In view of the above, the present writ petition is also
disposed of on the same terms and directions as in Mangi Lal
(supra).
5. 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.
6. Stay petitions and pending applications, if any, stand
disposed of.
(REKHA BORANA),J 117-manila/-
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