Rajasthan High Court - Jodhpur
Lal Chand Soni vs State Of Rajasthan And Ors on 18 January, 2021
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Civil Writ Petition No. 8789/2020 Abid Khan S/o Shri Ahmed Khan, Aged About 61 Years, Resident Of Behind Government Hospital, Sirohi.
----Petitioner Versus
1. The State Of Rajasthan, Through The Secretary, Department Of Public Health And Engineering, Government Of Rajasthan, Jaipur.
2. The Chief Engineer, Public Health And Engineering, Department, Jodhpur.
3. The Superintendent Engineer, Public Health And Engineering, Department, Circle Sirohi, District Sirohi.
4. The Assistant Engineer, Public Health And Engineering, Department, Sub-Division Sirohi, District Sirohi.
----Respondents Connect with (2) S.B. Civil Writ Petition No. 9201/2020 Rawalram S/o Shri Gokal Ram, Aged About 68 Years, R/o Ward No. 3, Koriya Bas, Pokaran.
----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Phed, Government Of Rajasthan, Jaipur.
2. The Chief Engineer (Administration), Government Of Rajasthan, Jaipur.
3. Chief Perosnnel Officer, Head Quarter, Phed, Jaipur.
4. Additional Chief Engineer, Phed, Region-Ii, Jodhpur.
5. The Superintending Engineer, Phed, Rural Circle, Jaisalmer.
6. The Executive Engineer, Phed, Rural Division-Pokaran, District Jaisalmer.
----Respondents (3) S.B. Civil Writ Petition No. 10742/2020 (Downloaded on 19/01/2021 at 08:51:00 PM) (2 of 12) [CW-8789/2020] Smt. Madhu Devi W/o Late Shri Loonkaran Dangi, Aged About 63 Years, Resident Of Bejoniyo Ki Gali, Pokran, District Pokran District Jaisalmer.
----Petitioner Versus
1. State Of Rajasthan, Through Secretary, Department Of Public Health Engineering, Government Of Rajasthan, Secretariat, Jaipur.
2. The Chief Engineer, Public Health Engineering Department, Rajasthan, Jaipur.
3. The Superintending Engineer, Public Health Engineering, Jaisalmer Circle, Jaisalmer.
4. The Asstt. Engineer, Public Health Engineering Department, Sub Division-Ii, Pokran, District Jaisalmer.
----Respondents (4) S.B. Civil Writ Petition No. 2498/2020
1. Bulakidas Acharya S/o Sh. Chhagan Lal, Died, Through Lrs-
2. Pushpa Devi W/o Late Sh. Bulakidas Acharya, Aged About 60 Years, R/o- Mahaveer Ki Gali, Acharyon Ka Chowk, Bikaner (Raj.)
3. Durga Shankar S/o Late Sh. Bulakidas Acharya, Aged About 37 Years, R/o- Mahaveer Ki Gali, Acharyon Ka Chow, Bikaner (Raj.)
4. Smt. D/o Late Sh. Bulakidas Acharya, W/o Sh. Jugal Kishore, Aged About 40 Years, R/o- Opposite Gwalbal School, Murlidhar Colony, Bikaner
----Petitioners Versus
1. The State Of Rajasthan, Through The Principal Secretary, Public Health And Engineering Department, Government Of Rajasthan, Jaipur.
2. The Chief Personnel Officer, Head Quarter, Public Health And Engineering Department, Rajasthan, Jaipur.
3. The Chief Engineer, Public Health And Engineering Department, Jodhpur.
4. The Additional Chief Engineer, Public Health And (Downloaded on 19/01/2021 at 08:51:00 PM) (3 of 12) [CW-8789/2020] Engineering Department, Bikaner Region, Bikaner.
5. The Executive Engineer, Public Health And Engineering Department, P And D, City Division-Ii, Bikaner.
6. The Assistant Engineer, Public Health And Engineering Department, P And D Sub-Division-Vii, Bikaner.
----Respondents (5) S.B. Civil Writ Petition No. 1308/2020 Buli Devi W/o Late Bajarang Lal, Aged About 59 Years, By Caste Brahmin, Resident Of Village Hariyasar Gharsotan, Gajusar, Sardarshahar, District Churu.
----Petitioner Versus
1. State Of Rajasthan, Through Secretary, Public Health Engineering Department, Government Of Rajasthan, Jaipur.
2. The Chief Engineer (Administration), Public Health Engineering Department, Government Of Rajasthan, Jaipur.
3. The Superintending Engineer, Public Health Engineering Department, Circle Churu, Churu (Raj.)
4. The Assistant Engineer, Public Health Engineering Department, City Subdivision, Sardar Shahar District Churu (Raj.)
----Respondents (6) S.B. Civil Writ Petition No. 2441/2020
1. Chandra Singh S/o Hari Singh, Died, Through Lr's -
2. Bhanwar Kanwar D/o Late Sh. Chandra Singh, W/o Sh.
Hari Singh, Aged About 73 Years, R/o - Talwa, Panchayat Samiti - Himmatsar, Tehsil - Nokha, District Bikaner.
3. Roop Singh S/o Late Sh. Chandra Singh, Aged About 58 Years, R/o - Himmatsar, Tehsil - Nokha, District - Bikaner.
4. Sada Kanwar W/o Late Sh. Kan Singh, Aged About 53 Years, R/o - Himmatsar, Tehsil - Nokha, District - Bikaner.
5. Barji Kanwar W/o Late Sh. Jethu Singh, Aged About 46 Years, R/o - Himmatsar, Tehsil - Nokha, District -
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Bikaner.
6. Durga Devi D/o Late Sh. Chandra Singh, W/o Sh. Sohan Singh, Aged About 49 Years, R/o - Sant Dham Road, Guron Ka Talab, Pratap Nagar, Jodhpur.
7. Ram Kanwar D/o Late Sh. Chandra Singh, W/o Sh. Balu Singh, Aged About 45 Years, R/o - Karnetpura, Shri Balaji, District Nagaur.
8. Manohar Kanwar D/o Late Sh. Chandra Singh, W/o Sh.
Devi Singh, Aged About 44 Years, R/o - Karnetpura, Shri Balaji, District Nagaur.
9. Mohan Kanwar D/o Late Sh. Chandra Singh, W/o Sh.
Megh Singh, Aged About 40 Years, R/o - Karnetpura, Shri Balaji, District Nagaur.
----Petitioners Versus
1. The State Of Rajasthan, Through The Principal Secretary, Public Health And Engineering Department, Government Of Rajasthan, Jaipur.
2. The Chief Personnel Officer, Head Quarter, Public Health And Engineering Department, Rajasthan, Jaipur.
3. The Chief Engineer, Public Health And Engineering Department, Jodhpur.
4. The Additional Chief Engineer, Public Health And Engineering Department, Bikaner Region, Bikaner.
5. The Executive Engineer, Public Health And Engineering Department, Rural Division, Bikaner.
6. The Assistant Engineer, Public Health And Engineering Department, Rural Sub-Division-I, Nokha, District Bikaner.
----Respondents (7) S.B. Civil Writ Petition No. 6633/2020
1. Jagdish Chandra Paliwal S/o Laxmilal Paliwal, Aged About 53 Years, By Caste Brahmin R/o 10, Shrinath Nagar, Titardi, Post Savina, District Udaipur (Raj.).
2. Ambalall Salvi S/o Moti Lal Salvi, Aged About 48 Years, By Caste Salvi (Balai), Resident Of House No. 211, Nakoda Nagar, Kalika Mata Pahada Nahar, Punjabi Baug, Udaipur.
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3. Krishna Kant Joshi S/o Late Shri Nathu Lal Joshi, Aged About 50 Years, By Caste Brahmin, Resident Of 390, Bhomiyaji Nagar, Uttari Sundarwas, Udaipur.
----Petitioners Versus
1. State Of Rajasthan, Through Secretary, Public Health Engineering Department, Government Of Rajasthan, Jaipur.
2. The Chief Engineer (Hq), Public Health Engineering Department, Government Of Rajasthan, Jaipur.
3. The Superintending Engineer, Public Health Engineering Department, Circle Udaipur, Udaipur (Raj.).
4. The Executive Engineer, Public Health Engineering Department, Division-Ii Udaipur, Udaipur (Raj.).
----Respondents (8) S.B. Civil Writ Petition No. 6635/2020 Pusaram Dewasi S/o Shri Har Lal Ji, Aged About 63 Years, Resident Of - Village/post Siyat, Via Sojat Road, District- Pali.
----Petitioner Versus
1. The State Of Rajasthan, Through The Principal Secretary, Public Health And Engineering Department, Government Of Rajasthan, Jaipur.
2. The Chief Personnel Officer, Head Quarter, Public Health And Engineering Department, Rajasthan, Jaipur.
3. The Chief Engineer, Public Health And Engineering Department, Jodhpur.
4. The Superintending Engineer, Public Health And Engineering Department, City Division, Pali.
5. The Assistant Engineer, Public Health And Engineering Department, Sub-Division Sojat City, District Pali.
----Respondents (9) S.B. Civil Writ Petition No. 6670/2020
1. Lrs Of Shivratan, S/o Bhura Ram Through-
2. Chanda Devi W/o Late Shivratan, Aged About 60 Years, Sinthal, Amiro Ka Bass, Tehsil And District Bikaner.
3. Saroj D/o Late Shivratan W/o Ruparam, Aged About 32 (Downloaded on 19/01/2021 at 08:51:00 PM) (6 of 12) [CW-8789/2020] Years, Jambheshwar Chowk, Nokha, District Bikaner.
4. Kajal D/o Late Shivratan W/o Vasudeo Ji, Aged About 31 Years, Kishanganj, District Chandigarh (Punjab).
5. Mamta D/o Late Shivratan W/o Rajesh Maru, Aged About 30 Years, Kumharon Ka Bass, Gangashahar, Bikaner.
6. Kishan S/o Late Shivratan, Aged About 28 Years, Sinthal, Amiro Ka Bass, Tehsil And District Bikaner.
----Petitioners Versus
1. State Of Rajasthan, Through The Principal Secretary, Public Health And Engineering Department, Government Of Rajasthan, Jaipur.
2. The Additional Chief Engineer, Public Health And Engineering Department, Bikaner Region, Bikaner.
3. The Superintending Engineer, Public Health And Engineering Department, Bikaner Circle, Bikaner.
4. The Assistant Engineer, Public Health And Engineering Department, P And D Sub Division-Iv, Bikaner.
----Respondents (10) S.B. Civil Writ Petition No. 6704/2020 Surja Ram S/o Utma Ram, Aged About 69 Years, Regaron Ka Mohalla, Binasar, District Bikaner.
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, Public Health And Engineering Department, Government Of Rajasthan, Jaipur.
2. The Additional Chief Engineer, Public Health And Engineering Department, Bikaner Region, Bikaner.
3. The Superintending Engineer, Public Health And Engineering Department, Bikaner Circle, Bikaner.
4. The Executive Engineer, Public Health And Engineering Department, P And D City Division-Ii, Bikaner.
5. The Assistant Engineer, Public Health And Engineering Department, P And D City Division-Viii, Bikaner.
----Respondents
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(11) S.B. Civil Writ Petition No. 6767/2020 Poonam Chand S/o Devaram Ji, Aged About 65 Years, Near Narsingh Sagar, Sarvodaya Basti, Bikaner.
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, Public Health And Engineering Department, Government Of Rajasthan, Jaipur.
2. The Additional Chief Engineer, Public Health And Engineering Department, Bikaner Region, Bikaner.
3. The Superintending Engineer, Public Health And Engineering Department, District Rural Division, Bikaner.
4. The Assistant Engineer, Public Health And Engineering Department, District Rural Division-I, Bikaner.
----Respondents (12) S.B. Civil Writ Petition No. 6876/2020 Navratan Bhati S/o Shri Lunkaran Ji Bhati, Aged About 75 Years, Resident Of - Near Jawahar School, Bhinasar, District Bikaner.
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, Public Health And Engineering Department, Government Of Rajasthan, Jaipur.
2. The Additional Chief Engineer, Public Health And Engineering Department, Bikaner Region, Bikaner.
3. The Superintending Engineer, Public Health And Engineering Department, City Division-I, Bikaner.
4. The Assistant Engineer, Public Health And Engineering Department, P And D City Sub-Division-I, Bikaner.
----Respondents (13) S.B. Civil Writ Petition No. 8181/2020 Sakkhar Khan S/o Gada Khan, Aged About 66 Years, By Caste Musalman, Resident Of Vpo Chuli, District Barmer (Raj.)
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, (Downloaded on 19/01/2021 at 08:51:00 PM) (8 of 12) [CW-8789/2020] Public Health Engineering Department, Government Of Rajasthan, Jaipur.
2. The Chief Engineer (Administration), Public Health Engineering Department, Government Of Rajasthan, Jaipur.
3. The Superintending Engineer, Public Health Engineering Department, Circle Barmer, Barmer (Raj.)
4. The Assistant Engineer, Public Health Engineering Department, City Subdivision Barmer, Barmer (Raj.)
----Respondents (14) S.B. Civil Writ Petition No. 8281/2020 Kishana Ram S/o Ganesh Ram, Aged About 72 Years, By Caste Jat, Resident Of Plot No.61, Sajjan Nagar, Nr. Miyon Ka Bera, Magra Punjala, Jodhpur (Raj.)
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary, Public Health Engineering Department, Government Of Rajasthan, Jaipur.
2. The Chief Engineer (Administration), Public Health Engineering Department, Government Of Rajasthan, Jaipur.
3. The Superintending Engineer, Public Health Engineering Department, City Circle Jodhpur, Jodhpur (Raj.)
4. The Assistant Engineer, Public Health Engineering Department, Subdivision-Ii, Production And Distribution, Dist. Ratanada, Jodhpur (Raj.)
----Respondents (15) S.B. Civil Writ Petition No. 9013/2020
1. Smt. Kaushalya Devi W/o Late Shri Shivnarayan Soni, Aged About 70 Years, R/o Aguna Baas, Behind Police, Station, Nokha, District Bikaner.
2. Nandkishore S/o Late Shri Shivnarayan Soni, Aged About 38 Years, R/o Aguna Baas, Behind Police, Station, Nokha, District Bikaner.
3. Asha Devi D/o Late Shri Shivnarayan Soni, Aged About 36 Years, W/o Late Sh. Devi Lal Soni, R/o Aguna Baas, Behind Police, Station, Nokha, District Bikaner.
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4. Naresh Kumar S/o Late Shri Shivnarayan Soni, Aged About 34 Years, R/o Aguna Baas, Behind Police, Station, Nokha, District Bikaner.
5. Maina Devi D/o Late Shri Shivnarayan Soni, Aged About 32 Years, W/o Sh. Amrish Kumar, R/o Aguna Baas, Behind Police, Station, Nokha, District Bikaner.
6. Navratan S/o Late Shri Shivnarayan Soni, Aged About 30 Years, R/o Aguna Baas, Behind Police, Station, Nokha, District Bikaner.
----Petitioners Versus
1. The State Of Rajasthan, Through The Principal Secretary, Public Health And Engineering Department, Government Of Rajasthan, Jaipur.
2. The Additional Chief Engineer, Public Health And Engineering Department, Bikaner Region, Bikaner.
3. The Superintending Engineer, Public Health And Engineering Department, Bikaner Rural, Bikaner.
4. The Assistant Engineer, Public Health And Engineering Department, City Sub - Division Nokha, District Bikaner.
----Respondents (16) S.B. Civil Writ Petition No. 9219/2020 Teja Ram S/o Shri Dharam Ji, Aged About 72 Years, R/o Behind New Bus Stand, Nokha Road, Gangashahar, District Bikaner.
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, Public Health And Engineer Department, Government Of Rajasthan, Jaipur.
2. The Chief Personnel Officer, Head Quarter, Public Health And Engineering Department, Rajasthan, Jaipur.
3. The Chief Engineer, Public Health And Engineering Department, Jodhpur.
4. The Additional Chief Engineer, Public Health And Engineering Department, Bikaner Region, Bikaner.
5. The Superintending Engineer, Public Health And Engineering Department, City Division-Iii, Bikaner.
6. The Assistant Engineer, Public Health And Engineering (Downloaded on 19/01/2021 at 08:51:00 PM) (10 of 12) [CW-8789/2020] Department, P And D City-Division-Xi, Bikaner.
----Respondents (17) S.B. Civil Writ Petition No. 9481/2020 Ashok Kumar Pareek S/o Nand Lal Pareek, Aged About 66 Years, By Caste Brahmin, Resident Of Sevako Ki Gali, Singh Pole, Jodhpur Presently Residing At Pal Balaji, Jodhpur (Raj.)
----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Public Health Engineering Department, Government Of Rajasthan, Jaipur.
2. The Chief Engineer (Administration), Public Health Engineering Department, Government Of Rajasthan, Jaipur.
3. The Superintending Engineer, Public Health Engineering Department, Circle Jodhpur, Jodhpur (Raj.).
4. The Assistant Engineer, Public Health Engineering Department, City Subdivision Ii, Ratanada, District Jodhpur (Raj.)
----Respondents (18) S.B. Civil Writ Petition No. 9499/2020 Umar Khan S/o Shri Ismail Khan, Aged About 71 Years, B/c Muslim, R/o Kasai Bass, B/h Kotwali Police Station, District Badmer (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through Secretary, Public Health Engineering Department, Government Of Rajasthan, Jaipur.
2. The Chief Engineer (Adm.), Public Health Engineering Department, Government Of Rajasthan, Jaipur.
3. The Superintending Engineer, Public Health Engineering Department, Circle Badmer, Badmer (Raj.).
4. The Assistant Engineer, Public Health Engineering Department, City Sub Division (Production) Barmer, District Barmer (Raj.).
----Respondents
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(19) S.B. Civil Writ Petition No. 5572/2017 Lal Chand Soni S/o Shri Panchi Lal Soni, By Caste Soni, R/o Naiyon Ka Mohalla, Ward No. 25, Tehsil Tara Nagar, Distt Churu.
----Petitioner Versus
1. The State Of Rajasthan Thorugh Principal Secretary, Public Health Engineering Department, Government Of Rajasthan, Jaipur Raj.
2. The Chief Engineer, Rural, Public Health Engineering Department, Government Of Rajasthan, Jaipur Raj.
3. The Superintending Engineer, Public Health Engineering Department, Circle Taranagar, Distt. Churu Raj.
----Respondents For Petitioner(s) : Mr. Sushil Solanki Mr. Sunil Purohit Mr. SR Godara Mr. RS Saluja Mr. CS Bissa Ms. Richa Choudhary Ms. Yogita Choudhary Mr. Ramdeen Choudhary For Respondent(s) : Ms. Anjana Jawa Mr. Ravi Panwar Mr. NK Mehta JUSTICE DINESH MEHTA Order 18/01/2021
1. Heard.
2. It is submitted by learned counsel for the parties that the controversy involved in the present writ petitions is squarely covered by a decision rendered in Sohanlal Mathur Vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.3631/2008, decided (Downloaded on 19/01/2021 at 08:51:00 PM) (12 of 12) [CW-8789/2020] on 17.11.2008, which has been affirmed by Apex Court in SLP (Civil) No.14932/2012.
3. Learned Single Judge of this Court, while deciding the case of Sohanlal (supra) has relied on an earlier judgment in Sharvan Kumar Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.2156/2007,decided on 05.09.2008). The Court held :-
"In view of whatever said above, this petition for writ deserves acceptance and, therefore, the same is allowed. The respondents are directed to allow selection grade to the petitioner on completion of 18 years of service as per para 5 of the notifications dated 25.01.1992 and 17.02.1998. The petitioner is declared entitled for getting the pay scale of Rs.1400-2600 (Rs.5000-8000) as second selection grade on completion of 18 years of service and the pay scale of Rs.5500-9000 on completion of 27 years of service as the third selection grade. The entitlement as declared above is required to be executed by the respondents within a period of six months from today."
4. In view of the above, the instant writ petitions are allowed and the respondents are directed to give all the entitlement available to the petitioners strictly in terms of the judgment rendered in case of Sohanalal Mathur (supra).
5. The petitioners herein shall file their representation claiming the pay-scale in terms of judgment of Sohanlal Mathur (supra) alongwith the certified copy of the order instant.
6. The respondents shall do the needful within a period of eight weeks from receiving the same.
7. All interlocutory applications including stay applications stand disposed of.
(DINESH MEHTA),J 12-rahul/-
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