Rajasthan High Court - Jodhpur
Suraj Prakash (Mpw) vs State Of Rajasthan (2023/Rjjd/017913) on 29 May, 2023
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2023/RJJD/017913]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
S.B. Civil Writ Petition No. 7420/2023
1. Suraj Prakash (Mpw) S/o Late Shri Gopal Das Bohara,
Aged About 75 Years, R/o Vijay Bhawan, Inside Bohron Ki
Pole, Near Sarrafa Bazar, Jodhpur (Rajasthan).
2. Ramesh Chandra Mathur (Mpw) S/o Late Shri Gera Lal
Mathur, Aged About 69 Years, R/o Huddco Quarter No. E-
214, Kamla Nehru Nagar, Jodhpur.
3. Sohanlal Vishnoi (Mpw) S/o Late Shri Surja Ram, Aged
About 66 Years, R/o Village And Post Chawandiya, Tehsil
Khinwsar, District Nagaur (Raj.).
4. Sampat Ram Saraswat (Mpw) S/o Late Shri Ghasi Ram,
Aged About 66 Years, R/o Village And Post Tarnau, Tehsil
Jayal, District Nagaur (Raj.).
5. Malla Ram (Mpw) S/o Late Shri Gena Ram, Aged About 69
Years, R/o Village And Post Rajod, Tehsil Jayal, District
Nagaur (Raj.).
6. Smt. Jatan Kaur W/o Shri Om Prakash Purohit (Mpw),
Aged About 69 Years, R/o Ganga Sadan, Rakhi House,
Jodhpur.
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Medical, Health And Family Welfare, Government Of
Rajasthan, Secretariat, Jaipur.
2. The Director (Non-Gazetted), Medical And Health
Services, Government Of Rajasthan, Directrorate,
Swasthya Bhawan, Jaipur.
3. The Chief Medial And Health Officer, Jodhpur.
4. The Chief Medial And Health Officer, Nagaur.
----Respondents
For Petitioner(s) : Mr. Deepak Nehra.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 29/05/2023 Learned counsel for the petitioners submits that the matter is squarely covered by the judgment passed by this Court in (Downloaded on 12/11/2023 at 01:08:26 AM) [2023/RJJD/017913] (2 of 3) [CW-7420/2023] Dadam Das Vaishnav Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.8309/2012, decided on 20.05.2013).
The judgment reads as under:-
"The petitioner entered in the services of the respondents, being appointed as Multipurpose Health Worker (Male) under the order dated 11.2.1991 in the pay-scale of Rs.950-1520. As a consequent to the amendment introduced in Rajasthan Civil Services(Revised Pay-scale) Rules, 1989, the pay scale of Rs.950-1680 was allowed to the petitioner while serving as Multipurpose Health Worker (Male). The respondents vide order dated 13.3.2002 allowed pay-scale of Rs.3200-4900 as first selection grade w.e.f.19.2.2000. The grievance of the petitioner is that instead of the pay-scale of Rs.3200-4900, payscale of Rs.4000-6000 should have been as the first selection grade. It is submitted that the petitioner is holding an isolated post, therefore, selection grade should have been allowed to him as per para-5 of the Government of Rajasthan circular 25.1.1992 and its subsequent order dated 17.2.1998.
A reply to the writ petition has been filed on behalf of the respondents stating therein that the petitioner, though, was working as Multipurpose Health Worker (Male), but that is not a post isolated one, as such, the pay-scale was allowed him pertaining to the first promotional post.
Heard.
The post of Health Worker (Male) (Ordinary Scale) is prescribed under the Rajasthan Medical & Health Subordinate Service Rules, 1965.
Appointment to this post is required to be made 100% by way of direct recruitment. Under the Rules aforesaid, no promotion avenue was available go the Multipurpose Health Worker (Male) on the day the petitioner became entitled to have the first selection grade, as such selection grade is required to be given to the petitioner as per para-5 of the Government of Rajasthan circular dated 17.2.1998. Under the notification aforesaid, the pay-scale applicable for the petitioner is Rs.4000-6000. The respondents, therefore, erroneously made fixation of the petitioner's pay in the pay-scale of Rs.3200- 4900 after awarding first selection grade.
As a matter of fact, the issue involved in this petition for writ has already been adjudicated earlier in the case of Asha Ram & Anr. Vs. State of Rajasthan &Ors. (S.B. Civil Writ Petition No.5333/2006 decided on 17.5.2013). Having (Downloaded on 12/11/2023 at 01:08:26 AM) [2023/RJJD/017913] (3 of 3) [CW-7420/2023] considered all the facts of the case, this petition for writ for the reasons given deserved to be accepted. Accordingly, the same is allowed. The respondents are directed to allow first selection grade to the petitioner in the pay-scale of Rs.4000-6000 w.e.f. 11.2.1991 and second & third selection grades in terms of para-5 of the circulars dated 25.1.1992 and 17.2.1998. No orders as to costs."
Learned counsel for the petitioners submits that the petitioners shall be satisfied if their representation is decided by the respondents in light of the aforequoted precedent law of Dadam Das Vaishnav (supra).
In light of the aforequoted judgment, the writ petition is disposed of with the direction to the respondents to decide the representation of the petitioners in terms of aforementioned precedent law within a period of 30 days from today strictly in accordance with law.
The order has been passed based on the submissions made in the petition, the respondents would be free to examine the veracity of the submissions made in the petition and only in case, the averments made therein are found to be correct, the petitioners would be entitled to the relief.
(VINIT KUMAR MATHUR),J 83-Anil Singh/-
(Downloaded on 12/11/2023 at 01:08:26 AM)Powered by TCPDF (www.tcpdf.org)