Rajasthan High Court - Jaipur
Barkat Hussain S/O Late Shri Abdul ... vs State Of Rajasthan on 16 May, 2019
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
1. S.B. Civil Writ Petition No. 8795/2019
Barkat Hussain S/o Late Shri Abdul Shakoor, Aged About 78
Years, R/o Miyan-Ka-Chowk, Gali Daiyan, Ward No. 41, Purani
Tonk, Tonk District Tonk (Rajasthan) Retired As Mphw, Under
Chief Medical And Health Officer, Tonk.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary To
Government, Medical And Health Department,
Secretariat, Jaipur.
2. The Director, Medical, Health And Family Welfare Services,
Swasthyaya Bhawan, Tilak Marg, C-Scheme, Jaipur.
3. Addl. Director (Admn.) Directorate Of Medical And Health
Services, Rajasthan, Swasthyaya Bhawan, Jaipur.
4. Chief Medical And Health Officer, Tonk (Rajasthan)
----Respondents
2. S.B. Civil Writ Petition No. 7317/2019 Nannu Ram Tasiwar S/o Late Sh. Mangilal, Aged About 73 Years, R/o Narsingh Colony, Near Bypass, Ward No. 18, Kherli Ganj, District- Alwar (Raj.)
----Petitioner Versus
1. State Of Rajasthan, Medical Health And Family Welfare Department, Government Secretariat, Jaipur, Through Its Principal Secretary
2. The Director, Department Of Medical And Health Service, Jaipur, Swasthaya Bhawan, Tilak Marg C-Scheme, Jaipur, Rajasthan
3. The Additional Director (Adm.), Department Of Medical And Health Service, Jaipur, Swasthaya Bhawan, Tilak Marg C-Scheme, Jaipur, Rajasthan
4. Chief Medical And Health Officer, Alwar, District- Alwar (Raj.)
----Respondents (Downloaded on 29/06/2019 at 01:52:25 AM) (2 of 6) [CW-8795/2019]
3. S.B. Civil Writ Petition No. 20216/2018
1. Nand Lal Sharma S/o Shri Kesar Lal, Aged About 62 Years, R/o Plot No. 800, Tadkeshwar Ka Mandir, Choura Rasta, Jaipur (Raj.)
2. Harinarayan Meena S/o Shri Mahadev Meena, Aged About 64 Years, R/o Bada Gaon Bhatiya, Shishyawas, Karola Ki Dhani, Akhepura, Jaipur (Raj.)
3. Jagdish Prasad Sharma S/o Shri Durga Dutt Sharma, Aged About 62 Years, R/o 99, Balaji Vihar, Lodha Mandi Macheda, Near Apna Gaon Hotel, Murlipura, Jaipur (Raj.)
4. Durga Prasad Bairwa S/o Shri Ramswaroop Bairwa, Aged About 61 Years, R/o Jhalana Phase-Iii, Royalty Marg, Malviya Nagar, Jaipur (Raj.)
----Petitioners Versus
1. State Of Rajasthan, Through Principal Secretary To The Government, Medical Health And Family Welfare Department, Govt. Secretariat, Jaipur
2. The Director, Directorate Of Medical Health And Family Welfare Services, Swasthya Bhawan, Tilak Marg, C- Scheme, Jaipur (Raj.)
3. Additional Director (Administration), Directorate Of Medical Health And Family Welfare Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur
----Respondents
4. S.B. Civil Writ Petition No. 20566/2018
1. Smt. Govindi Devi W/o Late Shri Nehnu Ram Raigar, Aged About 61 Years, Resident Of Jamwaramgarh, Raigar Mohalla, Jaipur (Raj.)
2. Smt. Prem Devi W/o Late Shri Babu Singh, Resident Of Ward No. 48, Mahaveer Nagar, Agra Road, Jamdoli, Jaipur (Raj.)
3. Smt. Laxmi Devi W/o Late Shri Gopal Lal Gurjar, Resident Of Ghat Ke Balaji Ke Samne, Galta Road, Ward No. 63, Jamdoli, Jaipur (Raj.)
4. Smt. Santra Devi W/o Late Shri Hanuman Sahay Sharma, Resident Of House No. 161, Pashupati Nath (Downloaded on 29/06/2019 at 01:52:25 AM) (3 of 6) [CW-8795/2019] Colony, Shastri Nagar, Jaipur (Raj.)
5. Smt. Laxmi Devi W/o Late Shri Bhanwar Lal, Resident Of Mojiya Nagar, Near Alok Mathur Park, Kalwar Road, Jhotwara, Jaipur (Raj.)
6. Wasim Ahmed S/o Late Shri Rafeeq Ahmed, Resident Of 1202, Bal Ji Ki Kothi Ka Rasta, Ghat Gate, Jaipur (Raj.)
----Petitioners Versus
1. State Of Rajasthan Through Principal Secretary To The Government, Medical Health And Family Welfare Department, Govt. Secretariat, Jaipur
2. The Director, Directorate Of Medical Health And Family Welfare Services, Swasthya Bhawan, Tilak Marg, C- Scheme, Jaipur (Raj.)
3. Additional Director (Administration), Directorate Of Medical Health And Family Welfare Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.
----Respondents
5. S.B. Civil Writ Petition No. 1932/2019 Prabhu Lal S/o Sh. Pengaram, Aged About 69 Years, R/o Village Post Dehra Mod, Tehsil- Nadbai, Distt. Bharatpur (Raj.) (Retired From The Post Of Multi Purpose Health Worker (Mpw) Form The Office Of Community Health Centre, Roopwas, Bharatpur (Raj.))
----Petitioner Versus
1. State Of Rajasthan, Medical Health And Family Welfare Department, Government Secretariat, Jaipur, Through Its Principal Secretary
2. The Director, Department Of Medical And Health Service, Jaipur, Swasthaya Bhawan, Tilak Marg C-Scheme, Jaipur, Rajasthan
3. The Additional Director (Adm.), Department Of Medical And Health Service, Jaipur, Swasthaya Bhawan, Tilak Marg C-Scheme, Jaipur, Rajasthan.
4. Chief Medical And Health Officer, Bharatpur, District Bharatpur (Raj.)
----Respondents (Downloaded on 29/06/2019 at 01:52:25 AM) (4 of 6) [CW-8795/2019]
6. S.B. Civil Writ Petition No. 7298/2019 Madho Lal Gupta S/o Late Shri Bala Bux Gupta, Aged About 70 Years, R/o Plot No. 31, Behind Khandaka Hospital, Maha Vaishnav Colony, Kalwad Road, Jaipur District Jaipur (Rajasthan) Retired As Mphw, Under Chief Medical And Health Officer, Jaipur -I Retired As Mphw, Under Chief Medical And Health Officer, Jaipur -I, Jaipur (Rajasthan)
----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary To Government, Medical And Health Department, Secretariat, Jaipur.
2. The Director, Medical And Health And Family Welfare Services, Swasthyaya Bhawan, Tilak Marg, C-Scheme, Jaipur.
3. Addl. Director (Admn.), Directorate Of Medical And Health Services, Rajasthan, Swasthyaya Bhawan, Jaipur.
4. Chief Medical And Health Officer, Jaipur-I (Rajasthan)
----Respondents
7. S.B. Civil Writ Petition No. 7299/2019 Radhey Shyam Agarwal S/o Late Shri Suraj Mal Agarwal, Aged About 77 Years, R/o E-246-A, Ramnagar Vistar, Hem Marg, Sodala, Jaipur District Jaipur (Rajasthan) Retired As Mphw, Under Chief Medical And Health Officer, Jaipur-I Retired As Mphw, Under Chief Medical And Health Officer, Jaipur-I, Jaipur (Rajasthan).
----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary To Government, Medical And Health Department, Secretariat, Jaipur.
2. The Director, Medical, Health And Family Welfare Services, Swasthyaya Bhawan, Tilak Marg, C-Scheme, Jaipur.
3. Addl. Director (Adm.), Directorate Of Medical And Health Services, Rajasthan, Swasthayaya Bhawan, Jaipur.
4. Chief Medical And Health Officer, Jaipur-I (Rajasthan).
----Respondents
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For Petitioner(s) : Mr.Praveen Sharma
Mr.Hemant Taylor
Mr.Mukesh Choudhary for Mr.Tanveer Ahmed For Respondent(s) : Mr.Bharat Saini, Additional Government Counsel HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 16/05/2019 The present batch of the writ petitions has been filed by the petitioners for claiming benefit of selection grade and fixation in the pay-scale of Rs.975-1720, 1200-2050 and 1640-2900 (5500-9000) on completion of 9, 18 and 27 years of service on the post of Multipurpose Health Worker (MPHW/MPW).
This Court had directed learned counsel for the petitioners to serve copy of the writ petitions in the office of Additional Government Counsel.
Learned Additional Government Counsel Mr.Bharat Saini appears on behalf of the respondents.
Learned counsel for the petitioners submitted that this Court has consistently followed the judgment passed in DB Sepcial Appeal (Writ) No.1068/2014 (Govind Ram Charan Vs. State of Rajasthan) along with six other connected appeals decided on 17th December, 2015. The appeal of the State was also dismissed by the Supreme Court.
Learned counsel Mr.Bharat Saini, AGC, appearing on behalf of the respondents, submitted that of-course the legal position has been settled, however, the Department needs to verify the claim of petitioners and then to pass appropriate order.
This Court has also passed order in SB Civil Writ Petition No.7025/2019 (Mohan Lal Sharma Vs. State of (Downloaded on 29/06/2019 at 01:52:25 AM) (6 of 6) [CW-8795/2019] Rajasthan & Ors.) decided on 16th April, 2019 along with other connected writ petitions. The operative portion of the order dated 16th April, 2019 is quoted hereunder for ready reference :
"The present batch of writ petitions is also disposed of with a direction to the respondents to confer the benefits in favour of the petitioners in the same terms as the judgment passed in D.B. Special Appeal (Writ) No. 1068/2014 (Govind Dan Charan Vs. State of Rajasthan) and 6 other connected appeals decided on 17th December, 2015.
This Court after considering the legal position settled up to Supreme Court deems it proper to allow the present writ petitions and the entitlement of the petitioners in the pay scale of Rs. 975- 1720, 1200-2050 & 1640-2900 (Rs. 5500- 9000) is maintained."
In view of the aforesaid, the present batch of the writ petitions also needs to be allowed in the same terms, as the judgment passed by the Division Bench in the case of Govind Ram Charan (supra) and in the light of the order passed by this Court in the case of Mohan Lal Sharma (supra).
Accordingly, all the writ petitions are allowed. The entitlement of the petitioners in the pay-scale of Rs.975-1720, 1200-2050 and 1640-2900 (5500-9000) is maintained.
The respondents are required to carry out necessary exercise within a period of six weeks from the date of receipt of copy of this order.
A copy of this order be separately placed in each connected file.
(ASHOK KUMAR GAUR),J Preeti Asopa / (Downloaded on 29/06/2019 at 01:52:25 AM) Powered by TCPDF (www.tcpdf.org)