Rajasthan High Court - Jaipur
Kanta Prasad Saxena And Ors vs State (Medical An Healt Dept) Ors on 18 May, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No. 7601 / 2017
1. Kanta Prasad Saxena S/o Late Shri Sewa Lal Saxena, Aged
About 68 Years, R/o Khanpur Tehsil Khanpur District Jhalawar
Retired As MPW, Under Chief Medical & Health Officer, Jhalawar
(Rajasthan)
2. Shiv Charan Lal Ahir S/o Shri Gopal Ahir, Aged About 65 Years,
R/o Village & Post Golana Tehsil Khanpur District Jhalawar Retired
As MPW, Under Chief Medical & Health Officer, Jhalawar
(Rajasthan)
3. Ram Prasad Sharma S/o Shri Ghanshyam Lal Sharma, Aged
About 62 Years, R/o Village & Post Dahikhera Tehsil Khanpur
District Jhalawar Retired As MPW, Under Chief Medical & Health
Officer, Jhalawar (Rajasthan)
4. Chhitar Lal S/o Shri Mangilal by Caste Kumhar,, Aged About 67
Years, R/o Village & Post Golana Tehsil Khanpur District Jhalawar
Retired As MPW, Under Chief Medical & Health Officer, Jhalawar
(Rajasthan)
5. Dhannalal Nath S/o Shri Ghasi Lal, Aged About 65 Years, R/o
Village Dediya Post Khandi Tehsil Khanpur District Jhalawar Retired
As MPW, Under Chief Medical & Health Officer, Jhalawar
(Rajasthan)
6. Devkinandan Tailor S/o Shri Ram Narayan, Aged About 67
Years, R/o Village & Post Golana Tehsil Khanpur District Jhalawar
Retired As MPW, Under Chief Medical & Health Officer, Jhalawar
(Rajasthan)
7. Dhannalal S/o Shri Narayan, Aged About 67 Years, R/o Village &
Post Golana Tehsil Khanpur District Jhalawar Retired As MPW,
Under Chief Medical & Health Officer, Jhalawar (Rajasthan)
8. Phoolchand S/o Shri Amarlal by Caste Meghwal, Aged About 75
Years, R/o Village & Post Junakhera Tehsil Asnawar District
Jhalawar Retired As MPW, Under Chief Medical & Health Officer,
Jhalawar (Rajasthan)
9. Tej Singh S/o Shri Manna Singh by Caste Rajput, Aged About
75 Years, R/o Khandiya Colony, Nearby Rathore Hostel, Jhalawar
District Jhalawar Retired As MPW, Under Chief Medical & Health
Officer, Jhalawar (Rajasthan)
----Petitioners
Versus
1. State of Rajasthan Through Principal Secretary to Government,
Medical & Health Department,, Secretariat, Jaipur.
2. The Director, Medical, Health & Family Welfare Services,,
Swasthyaya Bhawan, Tilak Marg, C-scheme, Jaipur.
(2 of 3)
[CW-7601/2017]
3. Addl. Director (admn.) Directorate of Medical & Health
Services,, Rajasthan, Swasthyaya Bhawan, Jaipur.
4. Chief Medical & Health Officer,, Jhalawar (rajasthan).
----Respondents
_____________________________________________________ For Petitioner(s) : Mr. Praveen Sharma For Respondent(s) : Mr. Sanjay Kumar Sharma, Govt. Counsel _____________________________________________________ HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA Order 18/05/2017 Learned counsel for the petitioners submits that identical controversy has already been considered and adjudicated upon by the Division Bench of this Court, at Principal Seat, Jodhpur, in a batch of intra-court appeals lead case being D.B. Civil Special Appeal (Writ) No.1068/2014: Govind Dan Charan Versus State of Rajasthan, decided on 17th December, 2015.
It is further contended that a Coordinate Bench of this Court in S.B. Civil Writ Petition No.4083/2017: Prahlad Kumar Sen & Anr. Versus State of Rajasthan & Ors., in the presence of the counsel for the State-respondents, Mr. Sanjay Kumar Sharma, made an order on 23rd March, 2017.
Mr. Sanjay Kumar Sharma, Government Counsel, present in the Court, did not dispute the factual matrix of the case.
A Coordinate Bench of this Court in the case of Prahlad Kumar Sen (supra) allowed the writ application of the petitioners therein, observing thus:
"Mr. Sanjay Sharma, learned Addl. Government Counsel appearing for the respondents has very fairly (3 of 3) [CW-7601/2017] submitted that the controversy raised in the present petition is no longer res integra and is squarely covered by the judgment rendered by the Single Judge at Principal Seat at Jodhpur, in the case of Dadam Das Vaishnav vs. State of Rajasthan & Ors., SBCWP No.8309/2012, decided on 20.5.2013. The learned Government Counsel further submitted that Division Bench of this Court in Govind Dan Charan vs. State of Rajasthan, D.B. Civil Special Appeal (Writ) No. 1068/2014, decided on 17.12.2015 along with six connected appeals, has also held that Malaria Surveillance Workers who were merged with cadre of Multipurpose Health Worker are entitled to grant of selection scale on completion of service after 9-18-27 years.
In view of very fair stand taken by the learned counsel for the respondents, the present writ petition is allowed in terms of the order passed in Govind Dan Charan vs. State of Rajasthan, D.B. Civil Special Appeal (Writ) No. 1068/2014, decided on 17.12.2015."
In view of the above and the factual matrix not being disputed by the counsel for the State-respondents, the instant writ application stands allowed in terms of the order made in the case of Govind Dan Charan (supra) on 17th December, 2015.
Stay application stands closed.
(VEERENDR SINGH SIRADHANA)J. SS/178