Rajasthan High Court - Jaipur
Mahesh Kumar Pareek S/O. Shri Mohan Lal ... vs The State Of Rajasthan on 24 September, 2019
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Review Petition (Writ) No. 142/2019
Ramesh Chand Joshi S/o. Shri Jagan Lal Joshi, Aged About 57
Years, R/o P.no. 192/282, Sector-19, Pratap Nagar, Jaipur (Raj.)
----Petitioner
Versus
1. The State Of Rajasthan, Through The Principal Secretary,
Public Health Engineering Department, Govt. Of
Rajasthan, Govt. Secretariat, Jaipur.
2. Principal Secretary, Department Of Personnel, Govt. Of
Rajasthan, Govt. Secretariat, Jaipur (Raj.)
3. Chief Engineer (Admn.), Public Health Engineering
Department, Jaipur.
----Respondents
Connected With S.B. Review Petition (Writ) No. 116/2019
1. Devendra Prasad Sharma S/o Shri Hanuman Prasad Sharma, R/o P.no. G-4, Major Shaitan Singh Colony, Shastri Nagar, Jaipur At Present Working As J.en., Phed, City Sub- Division-Vi, North, Baniprark, Jaipur (Raj.)
2. Rohitashwa Parashar S/o Shri Banwari Lal Parashar, R/o In Front Of Seeds Corporation, Naya Bas, Alwar, At Present Working As J.en., Phed, District Sub- Division-I, Jhunjhunu (Raj.)
3. Laxman Das Jatav S/o Shri Bhagwat Prasad Jatav, R/o C/o. Shri Naurat Mal Nahata, Dr. Nuwal Ke Saamne Wali Gali, Sindhi Colony, Gulabpura Distt. Bhilwara, At Present Working As J.en., Phed, Sub- Division - Shahpura, Distt. Bhilwara (Raj.)
4. Nand Kumar S/o Shri Ramgopal, R/o B-34, Road No. 1, Krishna Nagar, Police Line, Kota, At Present Working As J.en. Phed, Sub-Division- Lakheri, Distt. Bundi.
5. Thakur Das Ken S/o Shri Ram Singh Ken, R/o P.no. 5, Devi Nagar-B, Harnathpura, Jhotwara, Jaipur, At Present Working As J.en., Phed, Sub-Division- Dantaramgarh, Distt. Sikar.
6. Sohan Lal Jatav S/o Shri Buddha Ram, R/o Vill. Saimali, (Downloaded on 26/09/2019 at 09:25:19 PM) (2 of 8) [WRW-142/2019] Tehsil Nagar, Distt. Bharatpur, At Present Working As J.en., Phed Sub-Division- Rawatsar (Rural), Distt. Hanumangarh.
7. Daulat Ram Verma S/o Shri Bhagwan Sahai Verma, R/o Vill. And Post Vijaypura, Tehsil Thanagaji, Distt. Alwar, At Present Working As J.en., Phed Sub-Division- Udaipurwati, Distt. Jhunjhunu.
8. Mahesh Chand Meena S/o Shri Bharat Lal Meena, Aged About 43 Years, R/o Vill. Badh Rayal, Post Kemla, Tehsil Gangapur City, Distt. Sawai Madhopur, At Present Working As J.en., Phe-II, Jaipur Development Authority, Jaipur.
9. Hargovind Meena S/o Shri Dev Kishan Meena, R/o 6D-17, Mahaveer Nagar Ext. Scheme, Basant Kihar Kota, At Present Working As J.en. Phed, Sub-Division- Bamanwas, Distt. Sawai Madhopur.
10. Praveen Ram Chauhan S/o Shri Mohan Lal Chauhan, R/o Shripura, Babra Pada, Near Babaron Ka Mandir, Kaithunipole, Kota, At Present Working As J.en., Phed Sub- Division- Vijaynagar, Distt. Ajmer.
----Petitioners Versus
1. The State Of Rajasthan, Through The Principal Secretary, Public Health Engineering Department, Rajasthan, Secretariat, Jaipur.
2. Principal Secretary, Department Of Personnel, Govt. Of Rajasthan, Govt. Secretariat, Jaipur (Raj.)
3. The Chief Engineer (Admn.), Public Health Engineering Department, Jaipur (Raj.)
----Respondents S.B. Review Petition (Writ) No. 131/2019
1. Praveen Kumar Singhal S/o Shri Girraj Prasad Singhal, Aged About 51 Years, Resident Of 28, Everest Vihar, Kings Road, Nirman Nagar, Jaipur-302019
2. Sunil Kumar Parashar S/o Shri Babulal Parashar, Aged About 47 Years, Resident Of Plot No. - 18, Gangotri Nagar, Gopalpura Bypass, Jaipur (Raj.)
3. Mangtu Ram Jain S/o Shri Sumer Chand Jain, Aged About 48 Years, Resident Of 55/231, Rajat Path, Near Uco Bank, Mansarovar, Jaipur (Raj.) (Downloaded on 26/09/2019 at 09:25:19 PM) (3 of 8) [WRW-142/2019]
4. Siya Ram S/o Shri Buddhi Singh, Aged About 49 Years, R/o 11, Pushp Colony, Near Hanuman Chouraha, Near Jhankar Hotel, Alwar (Raj.)
5. Rakesh Upadhyay S/o Shri Umashankar Upadhyay, Aged About 51 Years, R/o 32/503, Pratap Nagar, Sanganer, Jaipur (Raj.)
----Petitioners Versus
1. The State Of Rajasthan, through the Principal Secretary Public Health And Engineering Department, Government Secretariat, Jaipur (Raj.).
2. Chief Engineer (Administration), Public Health And Engineering Department, Jal Bhawan, 2, Civil Lines, Hasanpura, Jaipur (Raj.).
----Respondents S.B. Review Petition (Writ) No. 132/2019 Mahesh Chand Singhal S/o Shri Om Prakash Singhal, Aged About 60 Years, R/o 14/75, Shipra Path, Mansarovar, Jaipur
----Petitioner Versus
1. The State Of Rajasthan, Through The Principal Secretary Public Health Engineering Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Principal Secretary, Department Of Personnel, Government Of Rajasthan, Govt. Secretariat, Jaipur (Raj.)
3. Chief Engineer (Admn.) Public Health Engineering Department, Jaipur
4. Director, Pension And Pensioners Welfare Department, Jyoti Nagar, Jaipur
----Respondents S.B. Review Petition (Writ) No. 138/2019 Jagdish Prasad Sharma S/o Late Shri Jeevan Ram Sharma, Aged About 53 Years, R/o P.no. 40, Brij Vatika, Goner Road, Jagatpura, Jaipur (Raj.)
----Petitioner Versus
1. The State Of Rajasthan, Through The Principal Secretary, Public Health Engineering Department, Govt. Of (Downloaded on 26/09/2019 at 09:25:19 PM) (4 of 8) [WRW-142/2019] Rajasthan, Govt. Secretariat, Jaipur.
2. Principal Secretary, Department Of Personnel, Govt. Of Rajasthan, Govt. Secretariat, Jaipur (Raj.)
3. Chief Engineer (Admn.), Public Health Engineering Department, Jaipur.
----Respondents S.B. Review Petition (Writ) No. 140/2019 Chandra Narayan Saxena S/o. Late Prem Narayan Saxena, Aged About 60 Years, R/o. 8-A, Janakpuri-I, Imli Phatak, Jaipur (Raj.)
----Petitioner Versus
1. The State Of Rajasthan, Through The Principal Secretary, Public Health Engineering Department, Govt. Of Rajasthan, Govt. Secretariat, Jaipur.
2. Principal Secretary, Department Of Personnel, Govt. Of Rajasthan, Govt. Secretariat, Jaipur (Raj.)
3. Chief Engineer (Admn.), Public Health Engineering Department, Jaipur.
----Respondents S.B. Review Petition (Writ) No. 150/2019 Parmeshwar Lal Swami S/o. Shri Mohan Lal Swami, Aged About 59 Years, R/o. Mohan Ice Factory, Choudhariyon Ka Kuwa, Sardar Shahar, Churu (Raj.)
----Petitioner Versus
1. The State Of Rajasthan, Through The Principal Secretary, Public Health Engineering Department, Govt. Of Rajasthan, Govt. Secretariat, Jaipur.
2. Principal Secretary, Department Of Personnel, Govt. Of Rajasthan, Govt. Secretariat, Jaipur (Raj.)
3. Chief Engineer (Admn.), Public Health Engineering Department, Jaipur.
----Respondents S.B. Review Petition (Writ) No. 155/2019
1. Hari Singh S/o. Shri Raghuveer Singh, Aged About 52 Years, R/o Rathore Colony, G.t. Road, Dholpur. At Present Working As J.en., Phed, Sub-Division- Peeplu, Distt. Tonk.
(Downloaded on 26/09/2019 at 09:25:19 PM)(5 of 8) [WRW-142/2019]
2. Sanwala Ram Parihar S/o. Shri Ajeeta Ram Parihar, R/o.
Kalakar Colony, Plot No. 45, Jaisalmer. At Present Working As J.en., Phed, Sub-Division- Bhojka, Distt. Jaisalmer.
3. Surendra Singh Bairwa S/o. Shri Tulsiram Bairwa, R/o.
Jagir Bandikui, Distt. Dausa. At Present Working As J.en., Phed, Sub-Division- Lakheri, Distt. Bundi.
4. Kamal Kumar Bohra S/o. Shri Jethmal Bohra, R/o. 1/81, Jamalpura, Beawar Distt. Ajmer. At Present Working As J.en., Phed Production Sub- Division (Rural), Beawar, Distt. Alwar.
5. Sugar Singh Meena S/o. Shri Mangi Lal Meena, R/o. Vill.
Badhrayal, Post Kemla, Tehsil Gangapur City, Distt. Sawai Madhopur. At Present Working As J.en., Phed, Sub- Division- Hidaun City, Distt. Karauli.
6. Om Prakash Meena S/o. Late Shri Mohan Lal Meena, R/o.
5, Baba Khetnath Colony, Jamdoli, Agra Road, Jaipur. At Present Working As J.en., Phed, City Sub-Division- Ii (South), Adarsh Nagar Chowki, Tilak Nagar, Jaipur.
----Petitioners Versus
1. The State Of Rajasthan, Through The Principal Secretary, Public Health Engineering Department, Rajasthan, Secretariat, Jaipur.
2. Principal Secretary, Department Of Personnel, Govt. Of Rajasthan, Govt. Secretariat, Jaipur (Raj.)
3. The Chief Engineer (Admn.), Public Health Engineering Department, Jaipur (Raj.)
----Respondents S.B. Review Petition (Writ) No. 158/2019 Mahesh Kumar Pareek S/o. Shri Mohan Lal Pareek, Aged About 59 Years, R/o 200A Devi Nagar New Sanganer Road, Jaipur.
----Petitioner Versus
1. The State Of Rajasthan, Through The Principal Secretary, Public Health Engineering Department, Govt. Of Rajasthan, Govt. Secretariat, Jaipur.
2. Principal Secretary, Department Of Personnel, Govt. Of Rajasthan, Govt. Secretariat, Jaipur (Raj.)
3. Chief Engineer (Admn.), Public Health Engineering (Downloaded on 26/09/2019 at 09:25:19 PM) (6 of 8) [WRW-142/2019] Department, Jaipur.
----Respondents S.B. Review Petition (Writ) No. 208/2019
1. Vijay Gupta S/o Shri Gyan Prakash Gupta, Aged About 52 Years, Resident Of 256-A, 257-A, Heera Nagar-A 200Ft. Sikar Bypass, Ajmer Road, Jaipur-302021 (Raj.)
2. Manoj Kumar Gupta S/o Shri Parmanand Gupta, Aged About 48 Years, Resident Of 91, Pushpanjali Colony, Mahesh Nagar, Jaipur-302015 (Raj.)
3. Vimal Khandelwal S/o Lt. Shri Mangilal Sharma, Aged About 50 Years, Resident Of 23, Secretariat Colony, Tonk Phatak, Jaipur-302015 (Raj.)
4. Devendra Sharma S/o Shri Babu Lal Sharma, Aged About 51 Years, Resident Of 403, Officers Campus, Khatipura, Jaipur-302012 (Raj.)
5. Kamal Kishore Narang S/o Shri N.d. Narang, Aged About 49 Years, Resident Of 3/487, Kala Kuan Housing Board, Alwar -301001 (Raj.)
6. Vishal Saxena S/o Shri S.s. Dalela, Aged About 48 Years, Resident Of C-28, Piyush Path, Bapu Nagar, Jaipur-30215 (Raj.)
7. Lalit Kumar Nagori S/o Shri Paras Mal Nagori, Aged About 44 Years, Resident Of 22, Sidharth Nagar, New Bhualpura, Udaipur-313001 (Raj.)
8. Atul Sharma S/o Shri J.r. Sharma, Aged About 47 Years, Resident Of 6-Ii Floor, Jagdish Vihar-Ii, Prem Nagar, Jagatpura, Jaipur-302017 (Raj.)
9. Ashish Dutta S/o Lt. Shri Dr. P.c.dutta, Aged About 46 Years, Resident Of 5/103, Sfs, Agarwal Farm, Mansarovar, Jaipur-302020 (Raj.)
10. Prakash Veer Nathani S/o Shri Govind P. Nathani, Aged About 46 Years, Resident Of 4, Janpath, Gali No. 5, Saraswati Colony, Baran Road, Kota-324001 (Raj.)
11. Sanjay Kumar Singh S/o Shri Yadunath Singh, Aged About 47 Years, Resident Of D-137, Hasan Khan, Mewati Nagar, Alwar-301001 (Raj.)
----Petitioners Versus
1. The State Of Rajasthan, Through The Principle Secretary, (Downloaded on 26/09/2019 at 09:25:19 PM) (7 of 8) [WRW-142/2019] Public Health Engineering Department, Govt. Of Rajasthan, Govt. Secretariat, Jaipur.
2. Chief Engineer (Admn.), Public Health Engineering Department, Jaipur
----Respondents For Petitioner(s) : Ms. Archana on behalf of Mr. Anil Mehta, AAG For Respondent(s) : Mr. R.D. Meena HON'BLE MR. JUSTICE INDERJEET SINGH Order 24/09/2019 Heard on the review petitions.
Admittedly, the writ petitions were decided in view of the judgment passed by the Coordinate Bench of this Court at Principal Seat, Jodhpur in the matter of Bhiya Ram Vishnoi Vs. State of Rajasthan & Ors. (S.B. Civil No.14215/2013) decided on 14.02.2017. The order dated 01.03.2019 was passed in presence of Mr. Anil Mehta, Additional Advocate General and this court on 01.03.2019 in the order observed as under:-
"3. It is informed that the State of Rajasthan thereafter filed SLP against the order passed by the Division Bench and the same was also dismissed and the order has been complied with by the respondents.
4. Mr. Anil Mehta, AAG appearing on behalf of the respondents has not disputed the facts regarding passing of the judgment by the learned Single Judge as well as by Division Bench with regard to similarly situated persons.
5. In that view of the matter, these writ petitions are allowed. The petitioners are declared to be entitled to count their entire period of service for the purpose of grant of selection scale in terms of circular dated 25.01.1992, 20.01.1993, 17.02.1998 and 16.07.2000. The respondents are directed to release selection scale to the petitioners on completion of 9, 18 & 27 years of service and the same be paid to the petitioners along with (Downloaded on 26/09/2019 at 09:25:19 PM) (8 of 8) [WRW-142/2019] arrears within a period of three months of this order."
Since the order dated 01.03.2019 was passed in presence of Mr. Anil Mehta, AAG who agreed that the matters are covered by the judgment passed in Bhiya Ram Vishnoi case (supra) in my considered view, no case is made out to review/recall the order dated 01.03.2019.
Hence, the review petitions are dismissed. Copy of the order be separately placed in each connected file.
(INDERJEET SINGH),J JYOTI /79-88 (Downloaded on 26/09/2019 at 09:25:19 PM) Powered by TCPDF (www.tcpdf.org)