Rajasthan High Court - Jodhpur
Smt. Sajjan Kanwar vs State Of Rajasthan & Ors on 18 August, 2017
Author: Sangeet Lodha
Bench: Sangeet Lodha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9866 / 2017
Smt. Sajjan Kanwar Wife of Late Shri Balu Singh (MPW), Aged
About 70 Years, Resident Village & Post Kharia Mithapur, Tehsil
Bilara, District Jodhpur (Raj.).
----Petitioner
Versus
1. State of Rajasthan Through the Principal Secretary, Department
of Medical, Health & Family Welfare, Government of Rajasthan,
Secretariat, Jaipur.
2. The Additional Director (Admin.), Medical, Health & Family
Welfare Services, Government of Rajasthan, Directorate, Health
Bhawan, Jaipur.
3. The Chief Medical & Health Officer, Jodhpur.
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. Deepak Nehra
For Respondent(s) : Mr. Mayank Rankawat on behalf of
Mr.K.L.Thakur, AAG
_____________________________________________________
HON'BLE MR. JUSTICE SANGEET LODHA
Order 18/08/2017 Issue notice.
Mr. Mayank Rankawat, learned counsel appearing on behalf of Mr. K.L.Thakur, AAG, accepts the notices for the respondents. The service is, therefore, complete.
With the consent of learned counsel for the parties, the matter is finally heard at this stage.
Learned counsel appearing for the petitioner submits that the present writ petition is squarely covered by the Division Bench judgment of this Court in the matter of 'Govind Dan Charan Vs. (2 of 3) [CW-9866/2017] State of Rajasthan & Ors.' (D.B. Civil Special Appeal (Writ) No.1068/2014) decided vide judgment dated 17.12.15, against which Special Leave Petition filed by the State has also been dismissed by the Hon'ble Supreme Court vide order dated 12.7.2016 and therefore, the writ petition preferred by the petitioner deserves to be allowed as prayed for in light of the judgment rendered by this court in Govind Dan Charan's case (supra).
Learned counsel appearing for the respondents does not dispute that issue raised in the present writ petition is squarely covered by decision of this court in Govind Dan Charan's case (supra). However, it is submitted that the present petition seeking the relief of grant of selection grade in the regular pay scale admissible to the post as per the recommendations of Sixth Pay Commission has been filed belatedly and therefore, the consequential benefits payable to the petitioner's husband deserve to be restricted. In this regard, learned counsel has relied upon a decision of the Hon'ble Supreme Court in the matter of "Union of India vs. Tarsem Singh", (2008)8 SCC, 648.
Learned counsel for the petitioner submitted that as a matter of fact, the issue regarding denial of the relief on account of the claim being raised belatedly, also stands adjudicated by this court in the matter of "Ram Chandra Sharma vs. State of Rajasthan & Ors." (S.B.Civil Writ Petition No.11254/16, decided on 7.10.16).
In Ram Chandra Sharma's case (supra), this court while dealing with the identical issue, held as under:
(3 of 3) [CW-9866/2017] "A perusal of the judgment rendered by the Apex Court in the case of Union of India (supra) shows that the same does not apply to the facts of the present case. In the present case, no third party rights have been affected. It pertains to a financial loss which is a continuing injury to the petitioners. It is apparent that in the case of Govind Dan Charan, the order has been passed on 17th December, 2015 and the orders passed in identical matters have already been implemented by the Department in the connected writ petitions."
In this view of the matter, merely because the petition has been filed belatedly, the question of restricting the relief for which the petitioner's husband was entitled for, does not arise.
Accordingly, the writ petition is allowed. The petitioner's husband would be entitled for first, second and third selection grades on completion of 9, 18 and 27 years of service in terms of the Government orders in the pay scale Rs.975-1720, 1200- 2050 and 1640-2900 (5500-9000) respectively, in terms of decision of the Hon'ble Supreme Court in the matter of "State of Rajasthan vs. Jagdish Narayan Chaturvedi", (2009) 12 SCC, 49 i.e. from the date of regular appointment. The required exercise for grant of selection grades to the petitioner's husband as aforesaid and the payment of consequential benefits shall be completed by the respondents within a period of three months from the date of this order. No order as to costs.
(SANGEET LODHA), J.
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