Rajasthan High Court - Jaipur
Prahlad Kumar Son Of Shri Narayan Lal ... vs State Of Rajasthan on 6 August, 2020
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No.21093/2018
1. Ghanshyam Arya Son Of Shri Premaram, Aged About 60
Years, Resident Of 4/168, Housing Board, Jhunjhunu,
Rajasthan.
2. Laxmi Narayan Choudhary Son Of Shri Ruda Ram, Aged
About 71 Years, Resident Of Near Pavan Gas Agency,
Ward No. 23, Reengus, Sikar.
3. Shiv Pal Kumawat Son Of Shri Geegaram Kumawat, Aged
About 72 Years, Resident Of Dhani Ghodelawali, Ward No.
16, P.o. Reengus, Distt. Sikar.
4. Santosh Kumar Sharma Son Of Shri Mohan Lal Sharma,
Aged About 63 Years, Resident Of Mukam Post Sirohi,
Ward No. 20, Uparlabas, Via Neem Ka Thana, Distt. Sikar.
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary,
Department Of Medical Health And Family Welfare
Department, Govt. Secretariat Jaipur.
2. The Director, Directorate Of Medical Health And Family
Welfare Services, Swasthya Bhawan, Tilak Marg, C-
Scheme, Jaipur.
3. Additional Director (Administration), Directorate Of
Medical Health And Family Welfare Services, Swasthya
Bhawan, Tilak Marg, C-Scheme, Jaipur.
4. The Director, Pension Department, Jaipur, Rajasthan.
5. Chief Medical And Health Officer, Jhalawar, Distt.
Jhunjhunu
6. Chief Medical And Health Officer, Sikar, Distt. Sikar.
----Respondents
S.B. Civil Writ Petition No. 21041/2018
1. Prahlad Kumar Son Of Shri Narayan Lal Sain, Aged About 67 Years, Resident Of 1-E-10, Housing Board, Kota Road, Jhalawar, Rajasthan.
2. Kailash Chand Chorasiya Son Of Shri Satya Narayan Chorasiya, Aged About 61 Years, Resident Of C/o. Shri (Downloaded on 07/08/2020 at 09:34:23 PM) (2 of 5) [CW-21093/2018] Raj Kumar Soni, Behind Bada Mandir, Near Bardi Ke Chabutara, Jhalrapatan, Distt. Jhalawar, Rajasthan.
3. Om Prakash Sharma Son Of Shri Bhanwar Lal Sharma, Aged About 63 Years, Resident Of Behind Old Post Office, Mangalpura, Jhalawar, Rajasthan.
4. Ballabh Lal Son Of Shri Bheru Lal, Aged About 67 Years, Resident Of Old Block, Near Hr. Secondary School, Old Motor Garage, Jhalawar, Rajasthan.
5. Alimuddin Son Of Shri Yakub Khan, Aged About 70 Years, Resident Of Kayasth/farras Mohalla, Jhalawar, Rajasthan.
----Petitioners Versus
1. State Of Rajasthan, Through Principal Secretary, Department Of Medical Health And Family Welfare Department, Govt. Secretariat Jaipur.
2. The Director, Directorate Of Medical Health And Family Welfare Services, Swasthya Bhawan, Tilak Marg, C- Scheme, Jaipur.
3. Additional Director (Administration), Directorate Of Medical Health And Family Welfare Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.
4. The Director, Pension Department, Jaipur, Rajasthan.
5. Chief Medical And Health Officer, Jhalawar, Distt.
Jhalawar.
----Respondents For Petitioner(s) : Mr.Girish Khandelwal For Respondent(s) : Dr.VB Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 06/08/2020 Learned counsel for the petitioners submitted that the issue in the present writ petitions is with regard to grant of benefit to the petitioners, as per the judgment passed in the case of Dadam (Downloaded on 07/08/2020 at 09:34:23 PM) (3 of 5) [CW-21093/2018] Das Vaishnav Vs. State of Rajasthan & Ors. (SB Civil Writ Petition No.8309/2012.
Learned counsel for the petitioners further submitted that the Coordinate Bench of this Court in SB Civil Writ Petition No.10874/2018 (Chananmal Saini & Ors. Vs. State of Rajasthan & Ors.) has passed an order on 2 nd December, 2019 and has found that litigation is increased by the State by not implementing the judgment to all the persons, who are covered by the judgment given in the case of Dadam Das Vaishnav (supra).
Learned counsel for the petitioners submitted that in the judgment of Chananmal Saini & Ors. (supra), the Coordinate Bench of this Court had also directed the Authority - Director, Medical & Health Services to fix the accountability of not granting selection scale to the persons concerned and further, to recover the interest amount from their salary.
Learned counsel submitted that the petitioners are entitled for revision of the pay-scale on completion of 9 and 18 years of service in revised pay-scale of Rs.1200-2050 (revised 4000-6000) and Rs.1400-2600 (revised 5000-8000).
Learned counsel submitted that the petitioners have wrongly been given pay-scale of Rs.975-1720 and Rs.1200-2050.
Learned Additional Advocate General Dr.VB Sharma, appearing on behalf of the respondents, submitted that though the issue with regard to grant of revised pay-scale to the Multipurpose Health Worker has been decided by this Court in catena of judgments, however, the State Government is scrutinising the cases of individual and also considering grant of such benefits.
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(4 of 5) [CW-21093/2018] Learned Additional Advocate General Dr.VB Sharma further submitted that in case, the issue of the petitioners is covered by the judgment in the case of Dadam Das Vaishnav (supra), necessary orders will be issued by the authorities.
This Court finds that the case of Dadam Das Vaishnav (supra) has been decided and the operative portion of the said judgment is quoted hereunder for ready reference :
"In Dadam Das Vaishnav Versus State of Rajasthan & Ors.:
SBCWP No.8309/2012, this Court has taken the following view:
"The post of Health Worker (Male) (Ordinary Scale) is prescribed under the Rajasthan Medical &Health Subordinate Service Rules, 1965. Appointment to this post is required to be made 100% by way of direct recruitment. Under the Rules aforesaid, no promotion avenue was available to the Multipurpose Health Worker (Male) on the day the petitioner became entitled to have the first selection grade, as such selection grade is required to be given to the petitioner as per para-5 of the Government of Rajasthan circular dated 17.2.1998. Under the notification aforesaid, the pay-scale applicable for the petitioner is Rs.4000-6000. The respondents, therefore, erroneously made fixation of the petitioner's pay in the pay-scale of Rs.3200- 4900 after awarding first selection grade.
As a matter of fact, the issue involved in this petition for writ has already been adjudicated earlier in the case of Asha Ram & Anr. Vs. State of Rajasthan &Ors., (S.B. Civil Writ Petition No.5333/2006 decided on17.5.2013).
Having considered all the facts of the case, this petition for writ for the reasons given deserves to be accepted. Accordingly, the same is allowed. The respondents are directed to allow first selection grade to the petitioner in the pay-scale of Rs.4000- 6000 w.e.f. 11.2.1991 and second & third selection grades in terms of (Downloaded on 07/08/2020 at 09:34:23 PM) (5 of 5) [CW-21093/2018] para-5 of the circulars dated 25.1.1992and 17.2.1998. No order as to costs.""
This Court further finds that the Coordinate Bench of this Court in the case of Chananmal Saini & Ors. (supra) has also given direction to the State Authorities to decide the cases of the other similarly situated employees and to grant them benefits of revised pay-scale.
This Court finds that the issue is no more res-integra in respect of grant of revised pay-scale to the persons, who have been appointed as Multipurpose Health Worker and their services have been regularised from initial date of appointment.
Accordingly, these writ petitions are allowed in terms of the order passed by this Court in the case of Dadam Das Vaishnav (supra).
The required exercise of considering the case of the petitioners for revising the pay-scale will be given effect by the respondents within a period of six weeks from the date of receipt of copy of this order.
A copy of this order be separately placed in the connected file.
(ASHOK KUMAR GAUR),J Preeti Asopa /Himanshu/81&64 (Downloaded on 07/08/2020 at 09:34:23 PM) Powered by TCPDF (www.tcpdf.org)