Rajasthan High Court - Jaipur
Laddu Lal Jangid S/O (Late) Shri Hajari ... vs The State Of Rajasthan on 20 September, 2021
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 5037/2021
1. Laddu Lal Jangid S/o (Late) Shri Hajari Lal Jangid, Aged
About 68 Years, R/o Plot No. 915, Vigyan Nagar, Fci
Godown, Ranthambhor Road, District Sawai Madhopur
(Raj.) ( Appointment As Msw On 17.07.1971 And
Retirement On 31.01.2012 As Mpw)
2. Chhotelal Sharma S/o (Late) Shri Dhanna Lal, Aged About
72 Years, R/o 2B-17, Vikas Nagar, Bundi, District Bundi.
(Raj.) ( Appointment As Msw On 20.07.1971 And
Retirement On 30.04.2008 As Mpw)
3. Premshankar Vaisnav S/o (Late) Shri Kaluram Vaisnav,
Aged About 71 Years, R/o Behind Old Power House,
Baharali, District Bundi (Raj.) ( Appointment As Msw On
17.04.1973 And Retirement On 30.11.2010 As Mpw)
4. Mohammad Shabbir S/o (Late) Shri Peer Mohammad,
Aged About 69 Years, R/o Ward No. 9, Shekhapada,
Nainwa, District Bundi (Raj.) ( Appointment As Msw On
22.02.1973 And Retirement On 31.01.2013 As Mpw)
5. Brijmohan S/o (Late) Gopilal, Aged About 71 Years, R/o
Dabi Sadan Ke Samne Nainwa Road, Shiv Mandir Ke Pas,
Matuda Road, District Bundi (Raj.) ( Appointment As Msw
On 08.02.1973 And Retirement On 31.08.2009 As Mpw)
6. Shamu Singh Hada S/o Shri Nand Singh Hada, Aged
About 76 Years, R/o Rajput Chatrawas Ki Gali, Behind
Mana Bheru Ji Bibnawa Road, District Bundi (Raj.)
( Appointment As Msw On 23.06.1972 And Retirement On
31.03.2003 As Mpw)
----Petitioners
Versus
1. The State Of Rajasthan, Through Secretary, Medical And
Health Department, Government Of Rajasthan,
Secretariat, Jaipur.
2. Secretary, Finance Department, Government Of
Rajasthan, Secretariat, Jaipur.
3. Principal Secretary To Government, Department Of
Personnel, Main Building, Secretariat, Jaipur (Rajasthan)
4. Director, Medical And Family Welfare Department,
Swasthya Bhawan, Jaipur.
5. The Additional Director (Admn.), Medical And Health
Services, Swasthya Bhawan, Jaipur.
6. Chief Medical And Health Officer, Government Hospital,
Bundi (Raj.)
7. Chief Medical And Health Officer, Government Hospital,
Sawai Madhopur (Raj.)
----Respondents
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(2 of 3) [CW-5037/2021]
For Petitioner(s) : Mr. Rajendra Sharma.
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
20/09/2021
It is submitted by learned counsel for the petitioners that the present writ petition is squarely covered by the Judgment of this Court in Dadam Das Vaishnav v. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.8309/2012 decided on 20.5.2013.
Learned counsel for the respondent-State submits that though the issue raised in the present writ petition is squarely covered by the judgment of this Court in the case of Dadam Das (supra), however, it is submitted that as the petitioners have raised the issue belatedly, the material relief to them be restricted.
Reliance has been placed in the judgment of Hon'ble Supreme Court Union of India & Ors. v. Tarsem Singh : (2008) 8 SCC 648.
In so far as the relief being claimed by the petitioners is concerned, there is no dispute that the same is governed by the law laid down by this Court in the case of Dadam Das ( supra).
In so far as the plea raised by the respondents is concerned, a Co-ordinate Bench of this Court in Ramchandra Sharma v. The State of Rajasthan & Ors. : SBCWP No.11254/2016 decided on 7.10.2016 dealing with another writ petition of identical nature after noticing the submissions of learned counsel for the respondents held as under:-
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(3 of 3) [CW-5037/2021] "A perusal of the judgment rendered by the Apex Court in the case of Union of India (supra) shows that the same does not apply to the facts of the present case. In the present case, no third party rights have been affected. It pertains to a financial loss which is a continuing injury to the petitioners."
In view thereof, the submissions made by learned counsel appearing for the respondents regarding restricting the relief to the petitioners cannot be countenanced.
Consequently, the writ petition filed by the petitioners is allowed. The respondents are directed to allow the selection grades to the petitioners on completion of 9, 18 & 27 years of service in terms of the directions mentioned in the case of Dadam Das (supra).
(ARUN BHANSALI),J 75-SACHIN KHUSHWAHA /685 (Downloaded on 20/09/2021 at 10:38:22 PM) Powered by TCPDF (www.tcpdf.org)