Rajasthan High Court - Jodhpur
Prem Singh Parihar & Ors vs State Of Rajasthan & Ors on 14 February, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
(1) S. B. Civil Writ Petition No. 1359 / 2017
Parmatma Chand Jain S/o Shri Umrav Chand Ji, aged about 75
Years, Resident of 255, Jwala Vihar, Ist Pulia, Jodhpur
----Petitioner
Versus
1. The State of Rajasthan through Secretary to the Government,
Medical and Health Department, Government of Rajasthan,
Secretariate, Jaipur (Raj.)
2. Director, Medical Health & Family Welfare Department,
Sawasthya Bhawan, Jaipur
3. Additional Director (Admn.), Department of Medical and
Health, Swasthya Bhawan, Jaipur
4. Chief Medical and Health Officer, Jodhpur
----Respondents
Connected with
(2) S. B. Civil Writ Petition No. 1360 / 2017
1. Dharma Shankar S/o Shri Faras Ram Ji, aged about 59 years,
Resident of Mukam Post Lumbadia, Tehsil Bagoda, District-
Jalore
2. Sita Ram S/o Shri Hakma Ram, aged about 59 years, Resident
of Bye Pass Talbi Road, Near Vishwakarma Furniture, Bhinmal,
District- Jalore
----Petitioners
Versus
1. State of Rajasthan Through Secretary to the Government,
Medical and Health Department, Government of Rajasthan,
Secretariat, Jaipur (raj.)
2. Director, Medical Health & Family Welfare Department,
Sawasthya Bhawan, Jaipur
3. Additional Director (Admin.), Department of Medical and
Health, Swasthaya Bhawan, Jaipur
4. Chief Medical and Health Officer, Jalore
----Respondents
(3) S. B. Civil Writ Petition No. 1361 / 2017
Shyam Kishan Bohra S/o Shri Radha Kishan Bhora, aged about 57
years, R/o Vyas Park, Ramdev Ki Ghati, Khagal Mohalla, Jodhpur.
(2 of 5)
[CW-1359/2017]
----Petitioner
Versus
1. The State of Rajasthan through Secretary to the Government,
Medical and Health Department, Government of Rajasthan,
Secretariat, Jaipur (Raj.)
2. Director, Medical Health & Family Welfare Department,
Sawasthya Bhawan, Jaipur.
3. Additional Director (Admn.), Department of Medical and
Health, Swasthya Bhawan, Jaipur.
4. Chief Medical and Health Officer, Jodhpur.
----Respondents
(4) S. B. Civil Writ Petition No. 1362 / 2017
1. Prem Singh Parihar son of Shri Mohan Singh Ji, aged about 70
years, Resident of J-60, Pratap Nagar, Jodhpur
2. Ramesh Kumar Bohra son of Shri Devi Dan, aged about 66
years, Resident of Vyas Park, Phoola Road, Khagal, Jodhpur
3. Jagdish Chandra son of Late Shri Ramchandra Rajpurohit,
aged about 62 years, Resident of Behind Senapati Bhawan,
High Court Colony, Jodhpur
----Petitioners
Versus
1. The State of Rajasthan Through Secretary to the Government,
Medical and Health Department, Government of Rajasthan,
Secretariat, Jaipur (Raj.)
2. Director, Medical Health & Family Welfare Department,
Sawasthya Bhawan, Jaipur.
3. Additional Director (Admn)., Department of Medical and
Health, Swasthya Bhawan, Jaipur
4. Chief Medical and Health Officer, Jodhpur
----Respondents
(5) S. B. Civil Writ Petition No. 1363 / 2017
Sonelal S/o Shri Pyarelal, aged about 71 years, by caste Kachhi,
R/o VPO Goluwala, Ward No. 12, Tehsil Pilibanga, District
Hanumangarh.
----Petitioner
Versus
(3 of 5)
[CW-1359/2017]
1. The State of Rajasthan Through Secretary to the Government,
Medical and Health Department, Government of Rajasthan,
Secretariat, Jaipur (Raj.)
2. Director, Medical Health & Family Welfare Department,
Sawasthya Bhawan, Jaipur.
3. Additional Director (Admn)., Department of Medical and
Health, Swasthya Bhawan, Jaipur
4. Chief Medical and Health Officer, Hanumangarh.
----Respondents
(6) S. B. Civil Writ Petition No. 1364 / 2017
Ramjilal S/o Shri Ramchandra Pareek, aged about 74 years, by
caste Brahamin, Resident of Village Rid, Tehsil- Parbatsar, District-
Nagaur
----Petitioner
Versus
1. The State of Rajasthan through the Secretary to the
Government, Medical and Health Department, Government of
Rajasthan, Secretariate, Jaipur (raj.)
2. Director, Medical Health & Family Welfare Department,
Sawasthya Bhawan, Jaipur.
3. Additional Director (Admn.), Department of Medical and
Health, Swasthya Bhawan, Jaipur
4. Chief Medical and Health Officer, Nagaur
----Respondents
(7) S. B. Civil Writ Petition No. 1365 / 2017
Damodar Singh S/o Shri Nar Singh, aged about 67 years, by caste
Rajput, Resident of 356/49, Bhagwan Mahaveer Nagar, Nandri
Road, Jodhpur
----Petitioner
Versus
1. The State of Rajasthan Through Secretary to the Government,
Medical and Health Department, Government of Rajasthan,
Secretariat, Jaipur (raj.)
2. Director, Medical & Family Welfare Department, Sawasthya
Bhawan, Jaipur
3. Additional Director (Admin.), Department of Medical and
Health, Swasthya Bhawan, Jaipur.
4. Chief Medical and Health Officer, Jodhpur
----Respondents
(4 of 5)
[CW-1359/2017]
_____________________________________________________
For Petitioners : Mr. Manoj Bohra
For Respondents : Mr. Anil Bissa, A.G.C.
_____________________________________________________
HON'BLE MS. JUSTICE NIRMALJIT KAUR
Judgment / Order 14/02/2017 All the above mentioned writ petitions shall stand disposed of by this common order as the issue involved is identical.
Learned counsel for the parties does not dispute that the present writ petitions are squarely covered by the judgment rendered by the Division Bench of this Court in the case of Govind Dan Charan Vs. State of Rajasthan & ors. (D.B. Civil Special Appeal [Writ] No. 1068/2014) decided on 17.12.2015, against which Special Leave Petition filed by the State has also been dismissed by the Hon'ble Supreme Court vide Order dated 12.07.2016.
In view of the above, the present writ petitions are also allowed and it is directed that the petitioners would be entitled to selection grade and get fixation in the pay scale of Rs. 975-1720, 1200-2050 and 1640-2900 (5500-9000) on completion of 9, 18 & 27 years of service respectively in terms of the judgment in the case of State of Rajasthan Vs. Jagdish Narain Chaturvedi reported in (2009) 12 SCC 49 i.e. from the date of regular appointment.
The required exercise would be completed by the (5 of 5) [CW-1359/2017] respondents within a period of three months from the date of this order.
(NIRMALJIT KAUR), J.
Inder/67-73