Rajasthan High Court - Jaipur
Kailash Narain Sharma And Ors vs State Of Raj And Ors on 11 April, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No. 5315 / 2017
1. Kailash Narain Sharma S/o Late Shri Kanhaiya Lal Sharma,
Aged About 71 Years, Geeta Ke Pass, Ramlila Maidan, Shahar,
Sawaimadhopur Retired As MPW, Under Chief Medical & Health
Officer, Sawaimadhopur (Rajasthan)
2. Mohan Lal Gupta S/o Late Shri Dhooli Lal Gupta, Aged About 72
Years, Adarsh Nagar-B, Surajmal Marriage Hall Ke Pass,
Sawaimdhopur Retired As MPW, Under Chief Medical & Health
Officer, Sawaimadhopur (Rajasthan)
3. Summati Prakash Jain S/o Shri Bhanwar Lal Jain, Aged About
74 Years, Kasliwal Bhawan, Mirza Mohalla, Ward No. 34, Near
District Library, Shahar Sawaimdhopur Retired As MPW, Under
Chief Medical & Health Officer, Sawaimadhopur (Rajasthan)
4. Ratan Lal Jain S/o Shri Nand Kishore Jain, Aged About 77 Years,
Nagar Ramlila Ke Pass, Shahar Sawaimdhopur Retired As MPW,
Under Chief Medical & Health Officer, Sawaimadhopur (Rajasthan)
5. Laxmi Narain Khangar S/o Shri Panna Lal, Aged About 73 Years,
New Khandar Road, Near Satish Petrolpump, Neelgarh Mohalla,
Sawaimdhopur Retired As MPW, Under Chief Medical & Health
Officer, Sawaimadhopur (Rajasthan)
----Petitioners
Versus
1. State of Rajasthan Through Principal Secretary to Government,
Medical & Health Department, Secretariat, Jaipur.
2. The Director, Medical, Health & Family Welfare Services,
Swasthyaya Bhawan, Tilak Marg, C Scheme, Jaipur.
3. Addl. Director (Admn.) Directorate of Medical & Health Services,
Rajasthan, Swasthyaya Bhawan, Jaipur.
4. Chief Medical & Health Officer, Sawaimadhopur (Rajasthan).
----Respondents
_____________________________________________________ For Petitioner(s) : Mr. Praveen Sharma For Respondent(s) : Mr. Sanjay Kumar Sharma, Govt. Counsel _____________________________________________________ HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA Order 11/04/2017 Learned counsel for the petitioner submits that identical (2 of 3) [CW-5315/2017] controversy has already been considered and adjudicated upon by the Division Bench of this Court, at Principal Seat, Jodhpur, in a batch of intra-court appeals lead case being D.B. Civil Special Appeal (Writ) No.1068/2014: Govind Dan Charan Versus State of Rajasthan, decided on 17th December, 2015.
It is further contended that a Coordinate Bench of this Court in S.B. Civil Writ Petition No.4083/2017: Prahlad Kumar Sen & Anr. Versus State of Rajasthan & Ors., in the presence of the counsel for the State-respondents, Mr. Sanjay Kumar Sharma, made an order on 23rd March, 2017.
Mr. Sanjay Kumar Sharma, Government Counsel, present in the Court, did not dispute the factual matrix of the case.
A Coordinate Bench of this Court in the case of Prahlad Kumar Sen (supra) allowed the writ application of the petitioners therein, observing thus:
"Mr. Sanjay Sharma, learned Addl. Government Counsel appearing for the respondents has very fairly submitted that the controversy raised in the present petition is no longer res integra and is squarely covered by the judgment rendered by the Single Judge at Principal Seat at Jodhpur, in the case of Dadam Das Vaishnav vs. State of Rajasthan & Ors., SBCWP No.8309/2012, decided on 20.5.2013. The learned Government Counsel further submitted that Division Bench of this Court in Govind Dan Charan vs. State of Rajasthan, D.B. Civil Special Appeal (Writ) No. 1068/2014, decided on 17.12.2015 along with six connected appeals, has also held that Malaria Surveillance Workers who were merged with cadre of Multipurpose Health Worker are entitled to grant of (3 of 3) [CW-5315/2017] selection scale on completion of service after 9-18-27 years.
In view of very fair stand taken by the learned counsel for the respondents, the present writ petition is allowed in terms of the order passed in Govind Dan Charan vs. State of Rajasthan, D.B. Civil Special Appeal (Writ) No. 1068/2014, decided on 17.12.2015."
In view of the above and the factual matrix not being disputed by the counsel for the State-respondents, the instant writ application stands allowed in terms of the order made in the case of Govind Dan Charan (supra) on 17th December, 2015.
Stay application stands closed.
(VEERENDR SINGH SIRADHANA)J. SS/99