Rajasthan High Court - Jaipur
Mahaveer Prasad Jain S/O (Late) 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. 10446/2021
1. Mahaveer Prasad Jain S/o (Late) Shri Badrilal Jain, Aged
About 63 Years, R/o Behind Trafic Police Line, Gulab Badi
Aary Samaj Road Kota, District-Kota (Raj.) (Appointment
As Msw Date Of 16.03.1978 And Retirement Date On
31.07.2017 From The Post Of Multi Purpose Worker Mpw)
2. Hajari Lal S/o (Late)Shri Lakshminarayan, Aged About 70
Years, R/o Kakhda Road, Behind Lodho Ke Mandir,
Ladpura Kota, District- Kota. (Raj.) (Appointment As Msw
Date Of 08.03.1973 And Retirement On 30.06.2009 From
The Post Of Multi Purpose Worker Mpw)
3. Nandlal Sharma S/o Shri Chhaganlal Sharma, Aged About
63 Years, R/o R-26 Rajasthan Avasan Mandal, Ramganj
Mandi, District-Kota (Raj.) (Appointment As Msw Date Of
30.06.1974 And Retirement From The Post Of Multi
Purpose Worker Mpw)
4. Mahaveer Prasad Chhipa S/o (Late) Shri Ramnarayan,
Aged About 74 Years, R/o House No. 231 Pandit
Deendayal Upadhyay Nagar, Kalwad Road, Uit Colony,
District-Kota (Raj.) (Appointment As Msw Date Of
18.11.1972 And Retirement On 31.07.2006 From The
Post Of Multi Purpose Worker Mpw)
5. Sitaram Sain S/o Shri Prabhudayal Sain, R/o Friends
Colony, Gramin Police Line Road, Behind Tel Meel,
Bourkheda, District Kota (Raj.) (Appointment As Msw Vide
Order Dated Of 20.03.1978 And Retirement On
31.07.2017 From The Post Of Multi Purpose Worker Mpw)
6. Radheshyam Gupta S/o Shri Kishanlal, Aged About 61
Years, R/o House No. D-2, Arihant Marg, Gulab Badi,
District Kota, Rajasthan. (Appointed As Msw Vide Order
Dated 08.07.1971 And Retired On 31.05.2011 From The
Post Of Multi Purpose Worker Mpw)
7. Krishan Chand Rishiya S/o (Late) Shri Raghunath, Aged
About 71 Years, R/o Ummedpura, Ward No. 22 Sultanpur,
Tehsil-Digod, District Kota, Rajasthan (Appointed As Msw
Vide Order Dated 08.05.1971 And Retired On 31.07.2009
From The Post Of Multi Purpose Worker Mpw)
8. Ramswroop Sharma S/o (Late) Shri Bhanwarlal Sharma,
Aged About 76 Years, R/o Sa-10 Mahaveer Nagar, Nearby
3Rd Raj Chikitsalaya, District Kota, Rajasthan (Appointed
As Msw Vide Order Dated 07.10.1964 And Retired On
30.05.2002 From The Post Of Multi Purpose Worker Mpw)
9. Shyam Sundar S/o (Late) Shri Rampratap, Aged About 65
Years, R/o Gatta Factory Road, Rajpoot Colony Kesuaa,
District Kota, Rajasthan (Appointed As Msw Vide Order
Dated 02.06.1978 And Retired On 31.01.2015 From The
Post Of Multi Purpose Worker Mpw)
10. Ramnarayan Kumawat S/o (Late) Shri Nandlal Kumawat,
Aged About 76 Years, R/o Devli Bhabhi,tehsil-Sagod,
District Kota, Rajasthan (Appointed As Msw Vide Order
Dated 07.07.1969 And Retired On 31.01.2002 From The
Post Of Multi Purpose Worker Mpw)
----Petitioners
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(2 of 3) [CW-10446/2021]
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.)
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.
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(3 of 3) [CW-10446/2021] 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 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).
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