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Rajasthan High Court - Jodhpur

Haribhajan Arya vs The State Of Rajasthan on 9 September, 2019

Author: Arun Bhansali

Bench: Arun Bhansali

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Civil Writ Petition No. 13476/2018

Haribhajan Arya S/o Shri Mangi Lal Ji Arya, Aged About 69 Years,
House No. 64, Arya Bhawan, Old Bus Stand, Pali.
                                                                        ----Petitioner
                                     Versus
1.     The State Of Rajasthan, Through The Principal Secretary,
       Public Health And Engineering Department, Government
       Of Rajasthan, Jaipur.
2.     The Chief Personnel Officer, Head Quarter, Public Health
       And Engineering Department, Rajasthan, Jaipur.
3.     The    Chief    Engineer,        Public      Health        And    Engineering
       Department, Jodhpur.
4.     The    Superintending             Engineer,         Public       Health   And
       Engineering Department, City Sub-Division, Pali.
                                                                   ----Respondents


For Petitioner(s)          :     Ms. Richa Choudhary
For Respondent(s)          :     Ms. Anjana Jawa



           HON'BLE MR. JUSTICE ARUN BHANSALI

Order 09/09/2019 Heard.

It is submitted by learned counsel for the parties that the controversy involved in the present writ petition is squarely covered by a decision rendered in Sohanlal Mathur Vs. State of Rajasthan & Ors.:S.B.Civil Writ Petition No.3631/2008, decided on 17.11.2008, which has been affirmed by Apex Court in SLP (Civil) No.14932/2012.

Learned Single Judge of this Court, while deciding the case of Sohanlal (supra) has relied on an earlier judgment in Sharvan Kumar Vs. State of Rajasthan & Ors. (S.B.Civil Writ Petition (Downloaded on 09/09/2019 at 09:05:36 PM) (2 of 2) [CW-13476/2018] No.2156/2007, decided on 05.09.2008). The Court held:-

"In view of whatever said above, this petition for writ deserves acceptance and, therefore, the same is allowed. The respondents are directed to allow selection grade to the petitioner on completion of 18 years of service as per para 5 of the notifications dated 25.1.1992 and 17.02.1998. The petitioner is declared entitled for getting the pay scale of Rs.1400-2600 (Rs.5000-8000) as second selection grade on completion of 18 years of service and the pay scale of Rs.5500-9000 on completion of 27 years of service as the third selection grade. The entitlement as declared above is required to be executed by the respondents within a period of six months from today."

In this view of the matter, the instant petition is also allowed in the same terms and the petitioner is declared entitled for the grant of pay scale of Rs.5000-8000 instead of Rs.4000-6000 as third selection grade.

The entitlement as above be executed within a period of six months from today.

(ARUN BHANSALI),J 220-AK Chouhan/-

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