Rajasthan High Court - Jaipur
Mohan Lal Rathore And Ors vs State Of Raj And Ors on 28 March, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No. 4509 / 2017
1. Mohan Lal Rathore S/o Shri Bhanwar Lal Rathore, Aged About
69 Years, Akatasa Tehsil Asnawar District Jhalawar Retired As
MPW, Under Chief Medical & Health Officer, Jhalawar (Rajasthan)
2. Babu Lal Mahalka S/o Shri Birdhi Lal, Aged About 66 Years,
Village Gaowari Tehsil Asnawar District Jhalawar Retired As MPW,
Under Chief Medical & Health Officer, Jhalawar (Rajasthan)
3. Alimuddin S/o Shri Yakub Khan, Aged About 69 Years, Kayasth
Mohalla, Top Khana, Jhalawar Retired As MPW, Under Chief Medical
& Health Officer, Jhalawar (Rajasthan)
4. Chandar Bhushan Dubey S/o Shri Vidhyadhar Dubey, Aged
About 66 Years, C/o Shri Akhilesh Dubey Advocate, in Front of
Manoranjankar Office District Gorakhpur, U.P. Retired As MPW,
Under Chief Medical & Health Officer, Jhalawar (Rajasthan)
5. Ballabh Lal Gochar S/o Shri Bhairun Lal, Aged About 66 Years,
Near Old Block School, Mohalla Moti Kunwa, District Jhalawar
Retired As MPW, Under Chief Medical & Health Officer, Jhalawar
(Rajasthan)
6. Prakash Chand Verma @ Prakash Chandra Paretha S/o Shri
Jagannath Verma, Aged About 67 Years, Near B.S.N.L. Office, Post
Office Aklera 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.
3. Addl. Director (Admn.) Directorate of Medical & Health Services,
Rajasthan, Swasthyaya Bhawan, Tilak Marg, C-Scheme, 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 (2 of 3) [CW-4509/2017] 28/03/2017 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 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 (3 of 3) [CW-4509/2017] 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/141