Rajasthan High Court - Jaipur
Chananmal Saini And Ors vs State Of Raj And Ors on 2 December, 2019
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 10874/2018
1. Chananmal Saini Son Of Pema Ram, Resident Of Near
Manchapurn Balaji Temple, Pankla Road, Ward No.4,
Churu.
2. Jagdish Kumar Son Of Shri Ram Kishan, Resident Of Ward
No.12, Dhanwantari Nagar, Ratangarh, District Churu.
3. Bajrang Lal Nai Son Of Shri Bega Ram, Resident Of Aguna
Mohalla, Near Shyam Mandir, Ward No.3, District Churu.
4. Liyakat Ali Son Of Asiq Ali, Resident Of Plot No. 280, Near
Umar Masjid, Ward No.10, Nav Vihar Colony, District
Churu.
5. Durga Dutt Saini Son Of Shri Birda Ram, Resident Of
Attana Mohalla, Near Lohiyon Ka Kua, Ward No.4, District
Churu.
6. Dunger Mal Saini Son Of Shri Mohan Lal Saini, Resident
Of Ward No. 26, Bhatto Ka Mohalla, District Churu.
7. Mohammed Yasin Son Of Shri Nabi Bux, Resident Of 297,
Van Vihar Colony, Near New Iedgah, District Churu.
8. Bhanu Prakash Son Of Shri Ram Lal, Resident Of Near
Bhagtiyon Ki Kothi, Nai Sarak, Ward No.16, District
Churu.
9. Hukmi Chand Saini Son Of Shri Sanwal Ram, Resident Of
Ward No.1, Bhutiya Bass, District Churu.
10. Gopi Ram Sharma Son Of Shri Laxmi Narayan Sharma,
Resident Of Singh Colony, Ward No.23, District Churu.
11. Girdhari Lal Saini Son Of Shri Brij Lal Saini, Resident Of
Ward No.11, Near Nagar Parishad, Churu, District Churu.
12. Prabhu Dutt Mali Son Of Shri Mirja Ram Mali, Resident Of
Hari Das Ka Mohalla, Ward No.24, Ratangarh, District
Churu.
13. Laxminarayan Baror Son Of Shri Jalu Ram, Resident Of
Bukansar Chota, Post Gajusar, Sardarsahar, District
Churu.
14. Hanumal Soni Son Of Shri Sampat Mal Soni, Resident Of
Near Old Police Station, Ginaniwas, Tehsil Sardarsahar,
District Churu.
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15. Bhanwar Lal Nai Son Of Shri Mangi Lal, Resident Of Gram
Post Lohar, Tehsil Ratangarh, District Churu.
16. Atma Ram Son Of Shri Mohan Lal Sharma, Resident Of
Vpo Padihara, Tehsil Ratangarh, District Churu.
17. Yameen Khan Pathan Son Of Shri Yaseen Khan, Resident
Of Ward No.7, Near Holi Tibba, Post Sadalpur, Distirct
Churu.
18. Maksud Ahmed Chisti Son Of Peer Ghoas Mohammed,
Resident Of Near Avean School, Back Side Of Old Water
Box, Mochi Colony, Sadulpur, District Churu.
19. Sanwar Mal Panwar Son Of Shri Pusha Ram, Resident Of
Parikh Basti, Ward No.31, Ratangarh, District Churu.
20. Mahaveer Prasad Sharma Son Of Shri Jaggan Nath
Sharma, Resident Of Pratibha Nagar, Ward No.42, District
Churu.
21. Abdul Ganni Son Of Shri Allahadeen, Resident Of Taj Pco,
Ward No. 7, District Churu.
22. Jagdish Singh Son Of Shri Sugan Singh, Resident Of Ward
No.4, Athuna Mohalla, Near Manchapurn Balaji, District
Churu.
23. Mohammed Ahsan Son Of Shri Hussan Khan Pathan,
Resident Of Near Bal Vikas Bharti Secondary School,
Ward No.17, District Churu.
24. Hakam Ali Son Of Late Shri Yusuf Khan, Resident Of
Chhipon Ki Ghati, Chhipon Ka Chowk, Upparli Gali,
Jodhpur.
25. Jaishankar Vyas Son Of Late Shri Shiv Shankar Vyas,
Resident Of Nathavaton Ki Bari, Navchokiya, Jodhpur.
26. Mahesh Narayan Kalla Son Of Late Shri Dharam Narayan
Ji Kalla, Resident Of Veer Mohalla, Lodhon Ki Gali, Naiyon
Ka Bad, Jodhpur.
27. Mohd. Safi Son Of Late Shri Khaju Khan, Resident Of
Chhipon Ki Ghati, Chhipon Ka Chowk, Upparli Gali,
Jodhpur.
28. Ramesh Chandra Vyas Son Of Late Shri Badri Narayan Ji,
Resident Of Lodhon Ki Gali, Veer Mohalla, Jodhpur.
29. Babu Khan Son Of Late Shri Hussain Khan, Resident Of
Village Dhawa, Tehsil Luni, District Jodhpur.
30. Fakir Mohammed Son Of Late Shri Zafrudeen, Resident Of
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Udai Mandir Dhan Mandi, Jodhpur.
31. Smt. Lal Kaur Wife Of Late Shri Radha Kishan Vyas Son
Of Shri Akheraj, Nathawato Ki Bari, Navchokiya, Jodhpur.
32. Smt. Kamla Devi Wife Of Late Shri Prem Singh Parihar,
Resident Of J-60, Pratap Nagar, Jodhpur
33. Mahesh Chandra Mathur Son Of Shri Manohar Lal Mathur,
Resident Of 4-A-31, Near Chandrama Shopping Centre,
Pratap Nagar, Jodhpur.
34. Sheetal Chand Kalla Son Of Shri Kedar Nath Kalla,
Resident Of Phulerav Ki Ghati, Jodhpur.
35. Banwari Lal Sharma Son Of Shri Shree Ram Sharma,
Resident Of Bhuri Kheda, Ward No.25, Tehsil Bhadra,
District Hanumangarh.
36. Omprakash Joshi Son Of Shri Gopal Ram Joshi, Resident
Of Hathipura Bass, Tehsil Bhadra, District Hanumangarh,.
37. Jagdish Prasad Son Of Shri Keshu Ram, Resident Of
Malcus, Teshil Bhadra, District Hanumangarh.
38. Ranjeet Singh Son Of Shri Surja Ram, Resident Of Vpo
Bhadi, Tehsil Bhadra, District Hanumangarh.
39. Omprakash Chamar Son Of Shri Roop Ram, Resident Of
Vpo Gandhibari, Tehsil Bhadra, District Hanumangarh.
40. Harish Chandra Son Of Late Shri Diwan Singh, Resident
Of Vpo Mojana, Post Office Dabri, Tehsil Bhadra, District
Hanumangarh.
41. Amilal Son Of Shri Jagmal, Resident Of Village Rambas ,
Post Office Kirada Bada, Tehsil Bhadra, District
Hanumangarh.
42. Rafiq Ahmed Kadri Son Of Shri Chhel Mohammed Ji,
Resident Of Silmagra Mohalla, Merta City, District Nagaur.
43. Govind Ram Son Of Shri Jai Kishan, Resident Of Bournda,
District Nagaur.
44. Saleem Khan Son Of Shri Mustkeem Khan, By Caste
Musalman, Resident Of Nagaur, District Nagaur.
45. Asha Ram Son Of Shri Deva Ram, Resident Of Village
Daulatpura, Tehsil Deedwana, District Nagaur.
46. Ramsingh Son Of Late Shri Sawai Singh, Resident Of
Village Khanri, Tehsil Deedwana, District Nagaur.
47. Hardeep Singh Son Of Shri Charan Singh, Resident Of
Sector-H-2, Shastri Nagar, Jodhpur
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48. Banshi Lal Son Of Late Shri Rawat Ram, By Caste
Meghwal, Resident Of P/33, Meghwal Colony, Opposite
Barkatulha Khan Stadium, Azad Hind Market, Masuriya,
Jodhpur.
49. Basta Ram Choudhary Son Of Shri Bhikha Ram Ji, By
Caste Patel, Resident Of 25, Khodiyar Nagar,
Shobhawaton Ki Dhani Road, Jodhpur.
----Petitioners
Versus
1. The State Of Rajasthan Through Secretary, Medical And
Health Department, Government Of Rajasthan, S
2. Secretary, Finance Department, Government Of
Rajasthan, Secretariate, Jaipur
3. Director, Medical And Family Welfare Department,
Swasthya Bhawan, Jaipur.
4. The Additional Director Admn., Medical And Health
Services, Swasthya Bhawan, Jaipur.
----Respondents
For Petitioner(s) : Mr. Rajendra Kumar for Mr. Jitendra Singh Shekhawat For Respondent(s) : Mr. Harshal Tholia for Dr. V.B. Sharma, AAG HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order 02/12/2019 It is most unfortunate that the Government Servants have to approach this Court by way of writ petition(s) for claiming entitlement of benefits, which have accrued to them in lieu of a judgment rendered by this Court having been upheld by the Division Bench of this Court as well as by the Supreme Court. This Court finds that there are several cases, which are coming up in the High Court where the petitioner(s) claims the same relief, which stood already decided by a detailed judgment by this Court, (Downloaded on 07/06/2021 at 05:28:52 AM) (5 of 7) [CW-10874/2018] which has been upheld by the Division Bench of this Court as well as by the Supreme Court. Such law has to be applied to all the persons, who are affected and claim under the said judgment and each and every person is not required to approach the Court. However, it appears that the State Government is more interested in increasing the number of litigation in the Court by not implementing the judgment to one and all. 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 on 17.5.2013).
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 (Downloaded on 07/06/2021 at 05:28:52 AM) (6 of 7) [CW-10874/2018] 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 para-5 of the circulars dated 25.1.1992 and 17.2.1998. No order as to costs."
Aforesaid judgment has been upheld by the Supreme Court. Once, the said judgment stands decided and attained finality, all the other persons similarly situated were required to be extended the benefit of selection scale in terms of Para 5 of the circular dated 25.1.1992 of the Government of Rajasthan. The aforesaid judgment also relied upon the earlier judgment in Asha Ram & Anr. Versus State of Rajasthan & Ors.: SBCWP No.5333/2006, which was decided long back on 17.5.2013. Thus, this Court applies the principle of accountability on the concerned officers, who are required to act in terms of aforesaid judgment with regard to the grant of selection scale, but failed to perform their duty, namely, Accounts Section of the concerned Department and forced the petitioners to file this writ petition.
The present writ petition is allowed with direction to implement the aforesaid judgment mutatis-mutandis on all the petitioners, who are 49 in numbers and most of them having been retired, the arrears shall be calculated and released to them along with interest @ 9% per annum from the date they were entitled to it. The said interest shall be paid along with the arrears within a period of three months from today. It is made clear that all other similarly situated Multipurpose Health Workers would also be accorded the benefit aforesaid and the Department shall not force any person to come and approach this Court. (Downloaded on 07/06/2021 at 05:28:52 AM)
(7 of 7) [CW-10874/2018] At the same time, the Director, Medical & Health Services shall fix the accountability with regard to non-fixation of the grant of selection scale to the petitioners on the concerned Officers/Babus of their Accounts Section and recover the interest amount from their salary.
The aforesaid exercise shall also be conducted within a period of six months and the same shall be informed to this Court with a compliance report after six months thereafter.
The writ petitions shall be kept pending only for the purpose of compliance report aforesaid.
(SANJEEV PRAKASH SHARMA),J SUNIL SOLANKI /19/30 (Downloaded on 07/06/2021 at 05:28:52 AM) Powered by TCPDF (www.tcpdf.org)