Rajasthan High Court - Jaipur
Rajendra Kumar Sharma S/O Shri ... vs The State Of Rajasthan on 20 September, 2021
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 10447/2021
1. Rajendra Kumar Sharma S/o Shri Brijmohan Sharma,
Aged About 67 Years, R/o Nearby Post Office, Kishanganj,
District Baran, Rajasthan. (Appointed As Msw Vide Order
Dated 29.05.1973 And Retired On 29.03.2001 From The
Post Of Multi Purpose Worker Mpw)
2. Babulal Choursiya S/o (Late) Shri Kanhaiya Lal Choursiya,
Aged About 75 Years, R/o Near By Bohro Ki Masjid Shri Ji
Ka Chouk, District Baran, Rajasthan (Appointed As Msw
Vide Order Dated 14.105.1974 And Retired On 1999 From
The Post Of Multi Purpose Worker (Mpw)
3. Bhanwarlal Suman S/o Shri Nandlal Suman, Aged About
79 Years, R/o Jhawariya Kuaa, Rajpura Ward,bihind Baba
Kirana Store, District Baran, Rajasthan (Appointed As
Msw Vide Order Dated 30.05.1962 And Retired On
31.12.1999 From The Post Of Multi Purpose Worker
(Mpw)
4. Hajarilal Sharma S/o Shri Mathura Das, Aged About 72
Years, R/o Village And Post Galawan, Tehsil Kishanganj,
District Baran, Rajasthan (Appointed As Msw Vide Order
Dated 11.08.1971 And Retired On 30.08.2008 From The
Post Of Multi Purpose Worker (Mpw)
5. Hiralal Gurjar S/o Shri Bherulal Gurjar, Aged About 77
Years, R/o Mu- Po. Kishanganj, District Baran, Rajasthan
(Appointed As Msw Vide Order Dated 20.08.1963 And
Retired On 31.03.2001 From The Post Of Multi Purpose
Worker (Mpw)
6. Kesarilal S/o Shri Gobari Lal, Aged About 73 Years, R/o
Leka Colony, Nearby Tejaji Ke Chabutare, District Baran,
Rajasthan (Appointed As Msw Vide Order Dated
09.08.1771 And Retired On 31.03.2008 From The Post Of
Multi Purpose Worker (Mpw)
7. Kesarilal Suman S/o Shri Bherulal, Aged About 70 Years,
R/o Dhohat,tehsil-Mangrol, District Baran, Rajasthan
(Appointed As Msw Vide Order Dated 04.06.1974 And
Retired On 31.01.2002 From The Post Of Multi Purpose
Worker (Mpw)
8. Mohammda Siddik S/o (Late) Shri Ismayal Khan, Aged
About 67 Years, R/o Mu. Po. Sarwal, Tehsil Chhipa
Badaud, District Baran, Rajasthan (Appointed As Msw
Vide Order Dated 07.04.1978 And Retired On 31.10.1999
From The Post Of Multi Purpose Worker (Mpw)
9. Mohanlal Sharma S/o (Late) Shri Ramkaran Sharma,
Aged About 68 Years, R/o Gram Bamli, Post Bamla, Tehsil
And District-Baran, Rajasthan (Appointed As Msw Vide
Order Dated 20.05.1972 And Retired On 31.08.2013
From The Post Of Multi Purpose Worker (Mpw)
10. Nathulal Verma S/o (Late) Sitaram Verma, Aged About 65
Years, R/o Mushir Paheda, Tehsil And District Baran,
Rajasthan (Appointed As Msw Vide Order Dated
22.05.1978 And Retired On 31.08.2015 From The Post Of
Multi Purpose Worker (Mpw)
11. Nihala Ahamad Pathan S/o Shri Lal Mohammad, Aged
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About 70 Years, R/o Gram Baldada, Tehsil-Anta, District
Baran, Rajasthan. (Appointed As Msw Vide Order Dated
15.04.1972 And Retired On 30.04.2010 From The Post Of
Multi Purpose Worker (Mpw)
12. Ramdayal Meena S/o Shri Dhannalal, Aged About 73
Years, R/o Vedpur, Tehsil-Atru, District-Baran, Rajasthan
(Appointed As Msw Vide Order Dated 07.09.1978 And
Retired On 28.02.2010 From The Post Of Multi Purpose
Worker (Mpw)
13. Ramprasad Sharma S/o (Late) Shri Badrinarayan Sharma,
Aged About 79 Years, R/o Susawan Shahbad Road,
Nearby Ramdware, District Baran, Rajasthan (Appointed
As Msw Vide Order Dated 09.08.1771 And Retired On
31.05.2008 From The Post Of Multi Purpose Worker
(Mpw)
14. Ramswroop Malviya S/o (Late) Shri Durgashankar
Malviya, Aged About 69 Years, R/o Tel Factor, Nearby
Subodh School, Jhalawar Road, District Baran, Rajasthan
(Appointed As Msw Vide Order Dated 20.11.1973 And
Retired On 31.03.2012 From The Post Of Multi Purpose
Worker (Mpw)
15. Satynarayan Gautam S/o (Late) Shri Ramgopal Gautam,
Aged About 67 Years, R/o Mala Devi Pahad, Nearby Bihari
Mandir District-Baran, Rajasthan (Appointed As Msw Vide
Order Dated 16.11.1972 And Retired On 31.07.2014
From The Post Of Multi Purpose Worker (Mpw)
16. Smt.nirmala Devi W/o (Late) Shri Brijmohan Tailar, Aged
About 69 Years, R/o House No. A/17, Shivaji Nagar,
District-Baran, Rajasthan (Appointed As Msw Retired
From The Post Of Multi Purpose Worker (Mpw)
17. Smt. Maya Devi W/o (Late) Shri Ganesh Sharma, Aged
About 65 Years, R/o Chhipabadod, District Baran,
Rajasthan (Appointed As Msw And Retired From The Post
Of Multi Purpose Worker (Mpw)
18. Suresh Chand Nigam S/o (Late) Shri Basanti Lal Nigam,
Aged About 69 Years, R/o House No. 1152 Rbh, Jawahar
Nagar, Jhalawar Road District-Baran, Rajasthan
(Appointed As Msw Vide Order Dated 17.04.1972 And
Retired On 31.07.2012 From The Post Of Multi Purpose
Worker (Mpw)
----Petitioners
Versus
1. The State Of Rajasthan, Through Secretary, Medical And
Health Department, Government Of Rajasthan,
Secretariat, Jaipur
2. Secretary, Finance Department, Government Of
Rajasthan, Secretariat, Jaipur.
3. Principal Secretary To Government, Department Of
Personnel, Main Building, Secretariat, Jaipur (Rajasthan)
4. Director, Medical And Family Welfare Department,
Swasthya Bhawan, Jaipur.
5. The Additional Director (Admn.) Medical And Health
Services, Swasthya Bhawan, Jaipur.
6. Chief Medical And Health Officer, Government Hospital,
Bundi (Raj.)
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7. Chief Medical And Health Officer, Government Hospital,
Sawai Madhopur (Raj.)
----Respondents
For Petitioner(s) : Mr. Rajendra Sharma.
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
20/09/2021
It is submitted by learned counsel for the petitioners that the present writ petition is squarely covered by the Judgment of this Court in Dadam Das Vaishnav v. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.8309/2012 decided on 20.5.2013.
Learned counsel for the respondent-State submits that though the issue raised in the present writ petition is squarely covered by the judgment of this Court in the case of Dadam Das (supra), however, it is submitted that as the petitioners have raised the issue belatedly, the material relief to them be restricted.
Reliance has been placed in the judgment of Hon'ble Supreme Court Union of India & Ors. v. Tarsem Singh : (2008) 8 SCC 648.
In so far as the relief being claimed by the petitioners is concerned, there is no dispute that the same is governed by the law laid down by this Court in the case of Dadam Das ( supra).
In so far as the plea raised by the respondents is concerned, a Co-ordinate Bench of this Court in Ramchandra Sharma v. The State of Rajasthan & Ors. : SBCWP No.11254/2016 decided on 7.10.2016 dealing with another writ petition of identical nature (Downloaded on 20/09/2021 at 10:39:56 PM) (4 of 4) [CW-10447/2021] after noticing the submissions of learned counsel for the respondents held as under:-
"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."
In view thereof, the submissions made by learned counsel appearing for the respondents regarding restricting the relief to the petitioners cannot be countenanced.
Consequently, the writ petition filed by the petitioners is allowed. The respondents are directed to allow the selection grades to the petitioners on completion of 9, 18 & 27 years of service in terms of the directions mentioned in the case of Dadam Das (supra).
(ARUN BHANSALI),J 79-SACHIN KHUSHWAHA /685 (Downloaded on 20/09/2021 at 10:39:56 PM) Powered by TCPDF (www.tcpdf.org)