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Rajasthan High Court - Jaipur

Ravi Kant Jangid And Ors vs State Of Raj And Ors on 1 June, 2017

 HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
                      JAIPUR
             S.B. Civil Writ Petition No. 8804 / 2017
1. Ravi Kant Jangid S/o Sh. Puran Mal, Aged About 32 Years, R/o
NH-8, Pragpura, Tehsil Kotputli, Dist. Jaipur, Rajasthan. (Data
Entry Operator, Since 03.10.2008).

2. Aanand Kumar S/o Sh. Hari Prasad, Aged About 42 Years, R/o
Kherthal, Alwar, Rajasthan. (Accountant, Since 27.08.2008).

3. Mahesh Kumar Sanghi S/o Sh. Jayanti Prasad, Aged About 36
Years, R/o Chanvara, Jhunjhunu, Rajasthan. (Accountant, Since
10.10.2008).

4. Ganesh Kumar Yadav S/o Sh. Bodu Ram Yadav, Aged About 29
Years, R/o Jhunjhunu, Rajasthan. (Accountant, Since 18.02.2010).


5. Babu Lal Chejara S/o Sh. Madan Lal, Aged About 30 Years, R/o
Laxmangarh, Sikar, Rajasthan. (Accountant, Since 20.08.2008 )

6. Rakesh Kumar Verma S/o Sh. Jugal Kishore, Aged About 35
Years, R/o Laxmangarh, Sikar, Rajasthan. (Accountant, Since
18.08.2008 )

7. Mohd. Aslam S/o Sh. Guljari Lal, Aged About 33 Years, R/o
Kailash Nagar, Sikar, Rajasthan. (Accountant, Since 22.08.2008 )

8. Guljari Lal Saini S/o Sh. Asharam Saini, Aged About 34 Years,
R/o Laxmangarh, Sikar, Rajasthan. (Accountant, Since
18.08.2008)

9. Rekha Verma W/o Sh. Rajesh Tailor, Aged About 36 Years, R/o
Laxmangarh, Sikar, Rajasthan (PHS, Since 04.01.2010).

10. Siya Ram Meena S/o Sh. Bharat Lal Meena, Aged About 30
Years, R/o Nadouti, Karauli, Rajasthan. (PHS, Since 21.12.2009).


11. Suresh Kumar Nagwan S/o Sh. Chiman Lal Nagwan, Aged
About 50 Years, R/o Churu, Rajasthan. (Accountant, Since
26.08.2008).

12. Vinod Kumar S/o Sh. Madan Gopal, Aged About 31 Years, R/o
Niwai, Tonk, Rajasthan (Accountant, Since 16.02.2010).

13. Sandeep Pareek S/o Sh. Kailash Chand Pareek, Aged About 30
Years, R/o Niwai, Tonk, Rajasthan. (Accountant, Since
23.08.2008).

14. Devendra Singh Shekhawat S/o Sh. Vijendra Singh, Aged
About 31 Years, R/o Nawalgarh, Jhunjhunu, Rajasthan.
(Accountant, Since 14.10.2008).
                                   (2 of 3)
                                                                [CW-8804/2017]



15. Sunil Kumar Chawla S/o Sh. Madan Lal Chawla, R/o
Laxmangarh, Sikar, Rajasthan. (Accountant, Since 15.02.2010)


16. Gauri Shankar Sharma S/o Sh. Giriraj Prasad, R/o
Gangapurcity, Sawaimadhopur, Rajasthan. (Accountant, Since
14.08.2008).
                                                          ----Petitioners
                                 Versus
1. State of Rajasthan Through Principal Secretary, Medical, Health
& Family Welfare, Government Secretariat, 1st Floor, Main
Building. Jaipur-302005.

2. Secretary, Medical, Health & Family Welfare and Mission
Director, NHM, NRHM Block. RHSDP Building, Directorate of
Medical & Health Services, Swasthya Bhawan, Behind Government
Secretariat, Jaipur.
                                                        ----Respondents

_____________________________________________________ For Petitioner(s) : Mr. Vikas Kabra For Respondent(s) : Mr. Khushal Singh for Mr. Sanjay Kr.

Sharma, G. C. _____________________________________________________ HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA Judgment / Order 01/06/2017 Mr. Khushal Singh, present in the Court, enters appearance on behalf of the State-respondents.

Learned counsel for the petitioners submits that the controversy raised in the instant writ application is no more resintegra in view of the adjudication by this Court in the case of Anand Purohit & Ors. Vs. State & Ors.:SBCWP No.8988/2014.

It is further contended that in somewhat identical factual matrix, this Court made an order on 24th March, 2017 in SBCWP No.1008/2017.

(3 of 3) [CW-8804/2017] The factual matrix stated is not disputed by the counsel for the State-respondents.

In view of the undeniable factual matrix as stated herein above; the instant writ application stands disposed off in terms of the order in the case of Anand Purohit & Ors. (supra).

The respondents are directed to consider the claim of the petitioners for increment as per Clause-15 of the agreement(s) and to revise the remuneration of the petitioners as has been done vide order dated 10th December, 2010. As a consequence of re-fixation of the remuneration and increment; amount due, if any, shall be released as expeditiously as possible; however, in no case later than two months from the date a certified copy of this order is presented. Failure to comply with the directions, as indicated above, would saddle the State-respondents with interest @ 6% on the amount due that may become payable to the petitioners.

Recovery, if any, effected from the petitioners is hereby quashed and the amount recovered shall be refunded to the petitioners within three months from the date a certified copy of this order is presented.

Stay application also stands closed.

(VEERENDR SINGH SIRADHANA)J. Pooja/172