Rajasthan High Court - Jaipur
Ramkalyan Bairwa vs State Of Raj And Ors on 5 April, 2018
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writs No. 7253/2018
Ramkalyan Baiwa S/o Kheta Ram Bairwa, Aged About 66 Years,
R/o Village Bhaterda, Post Khathupura, Tehsil And District Sawai
Madhopur, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan Through Its Principal Secretary, Public
Health Engineering Department, Rajasthan, Secretariat,
Jaipur.
2. The Chief Engineer (Administration), Public Health
Engineering Department, P.h.e.d. Head Office Campus,
Rajasthan, Jaipur.
3. The Superintending Engineer, Public Health Engineering
Department, Circle Sawai Madhopur, District Sawai
Madhopur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. C.P. Sharma Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
05/04/2018
The present writ petition has been filed by the petitioner, who is a retired employee of Public Health Engineering Department, Government of Rajasthan, Jaipur, raising a grievance for grant of selection scale after completion of 9/18/27 years of service as per notification of the State Government dt. 25 th January, 1992 and 17th January, 1998.
Counsel for the petitioner has submitted that the controversy with regard to grant of pay scale of Rs. 1400-2600 (Rs. 5000-
(2 of 3) [CW-7253/2018] 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 and the third selection grade has been settled by this Court in respect of employees-helpers working in the Engineering Sub-ordinate services. Counsel submits that this Court in S.B. Civil Writ Petition No. 14456/ 2016 (Mithu Lal Teli Vs. State of Rajasthan & Ors) and Other connected petitions while deciding the case by order dt. 16 th February, 2017 had further observed that the controversy with regard to grant of selection grade has been finally settled and employees are entitled for grant of scale of completion of 18 & 27 years of service. The Employer-Respondent-State has to treat the judgment in REM and employees similarly situated should not be asked to approach this court by filing separate writ petitions.
This Court has categorically held that the petitioner and other similarly situated persons are entitled for getting the pay scale of Rs. 1400-2600 (Rs. 5,000-8,000) as Second Selection Grade on completion of 18 years of service and the pay scale of Rs. (5,500-9,000) on completion of 27 years of service as the Third Selection Grade.
This Court finds that earlier directions of this Court given in the case of Mithu Lal (Supra) is not being followed by the Employer-State and all the persons, who were earlier working or their entitlement being crystallized are forced to approach this court by filing separate writ petitions. The Court finds that once issue of grant of selection grade has been settled by the Apex (3 of 3) [CW-7253/2018] Court, the department is under an obligation to grant similar benefits to all the similarly situated persons.
Accordingly, the present writ petition is allowed and the respondents are directed to grant benefit of pay scale of Rs. 14,00-2600 (Rs. 5,000-8,000) to the petitioner as First Selection grade on completion of 18 years of service. The said benefit may be conferred by the respondents within a period of six weeks from the date of passing of this order.
(ASHOK KUMAR GAUR)J. Monika/44