Rajasthan High Court - Jaipur
Shiv Kumar Sharma S/O Shri Prahald Rai ... vs The State Of Rajasthan on 31 March, 2022
Author: Anoop Kumar Dhand
Bench: Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 6608/2018
Smt. Bimla Devi W/o Late Shri Shiv Kumar, Aged About 63
Years, Resident Of Ward No. 5, Tehsil And District Churu
(Rajasthan)
----Petitioner
Versus
1. Chief Engineer, Public Health Engineering Department, Jal
Bhawan, Jaipur (Rajasthan)
2. Superintendent Engineer, Public Health Engineering
Department, Churu (Raj.)
----Respondents
For Petitioner(s) : Mr. Arpan Kumar Sharma for Mr. OP Jhajhria For Respondent(s) : Mr. Imran Khan, AGC HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order 31/03/2022 Learned counsel for the petitioner submits that the controversy involved in this petition has squarely been decided by this Court in the case of Babulal Sharma Vs. The State of Rajasthan & Ors. in SB Civil Writ No.6323/2018 decided on 23.07.2018 by observing thus:-
"The present writ petition has been filed by the petitioner, who is working on the post of Helper in the Public Health Engineering Department, Government of Rajasthan, Jaipur, raising a grievance for grant of selection scale after completion of 9/18/27 years of service as per notification of the State Government dt. 25th January, 1992 and 17th February, 1998.
Counsel for the petitioner has submitted that the controversy with regard to grant of pay scale of Rs. 1400-2600 (Rs. 5000-8000) as Second selection grade on completion of 18 years of his service and the pay scale of Rs.(Downloaded on 05/04/2022 at 09:08:19 PM)
(2 of 3) [CW-6608/2018] 5500-9000 on completion of 27 years of service and the third selection grade has been settled by this Court in respect of employees- helpers working in the Engineering Sub- ordinate services. Counsel submits that this Court in S.B. Civil Writ Petition No. 14456/ 2016 (Mithu Lal Teli Vs. State of Rajasthan & Ors) and Other connected petitions while deciding the case by order dt. 16th February, 2017, had further observed that the controversy with regard to grant of selection grade has been finally settled and employees are entitled for grant of scale of completion of 18 & 27 years of service. The Employer-
Respondent-State has to treat the judgment in REM and employees similarly situated should not be asked to approach this Court by filing separate writ petitions.
This Court has categorically held that the petitioner and other similarly situated persons are entitled for getting the pay scale of Rs. 1400-2600 (Rs. 5,000-8,000) as Second Selection Grade on completion of 18 years of service and the pay scale of Rs. (5,500-9,000) on completion of 27 years of service as the Third Selection Grade.
This Court finds that earlier directions of this Court given in the case of Mithu Lal (Supra) is not being followed by the Employer-State and all the persons who were earlier working or their entitlement being crystallized are forced to approach this court by filing separate writ petitions. The Court finds that once issue of grant of selection grade has been settled by the Apex Court, the department is under an obligation to grant similar benefits to all the similarly situated persons.
Accordingly, the present writ petition is allowed and the respondents are directed to grant benefit of pay scale of Rs.
14,00-2600 (Rs. 5,000-8,000) to the petitioner as next Selection grade on completion of 18/27 years of service. The said benefit may be conferred by the respondents within a period of six weeks from the date of passing of this order."
Counsel for the respondents opposed the arguments raised by counsel for the petitioner but he is not in a position to controvert the position of law as decided in the case of Babulal Sharma (supra).
(Downloaded on 05/04/2022 at 09:08:19 PM)(3 of 3) [CW-6608/2018] In view of the above, instant petition is hereby disposed of and respondents are directed to pay all entitlements available to the petitioner strictly in terms of order dated 23.07.2018 in the case of Babulal Sharma (supra).
Stay application and all pending applications, if any stand disposed of.
(ANOOP KUMAR DHAND),J HEENA GANDHI /15 (Downloaded on 05/04/2022 at 09:08:19 PM) Powered by TCPDF (www.tcpdf.org)