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Rajasthan High Court - Jodhpur

State Of Raj Sec Medical Health & Ors vs Mohan Lal Sharma & Anr on 22 March, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.Civil Writ Petition No. 473 / 2015

1. The State of Rajasthan thorugh Secretary, Medical and Health Department, Rajasthan, Jaipur.

2. Director, Medical Health and Welfare Department, Rajasthan, Jaipur.

3. Additional Director (Admn.) Medical Health and Welfare Department, Rajasthan, Jaipur.

4. Joint Director (Admn), Medical and Health Services, Rajasthan, Jaiupr.

5. Chief Medical & Health Officer, Nagaur.

----Petitioner Versus

1. Shri Mohan Lal Sharma son of Shri Mahanand ji Sharma, resident of 67 RCP, Tal Colony, Suratgarh, District Sri Ganganagar.

2. The Rajasthan Civil Services Appellate Tribunal, Jaipur.

----Respondent _______________________________________________ For Petitioner(s) : Ms. Sweta Bora For Respondent(s) :

_______________________________________________ JUSTICE DINESH MEHTA Judgment / Order 22/03/2017 The office has pointed out certain defects in the writ petition.On oral request of learned counsel for the petitioners and in view of the fact that the matter is covered by the decision of this Court, defects pointed out by the office are overruled. The matter is taken up for consideration today itself.
This petition is directed against order dated 08.10.2013 of the Rajasthan Civil Services Appellate Tribunal, Circuit Bench, Jodhpur, whereby the petitioners have been directed to grant selection grade of 975-1720, 4000-6000 & 5500-9000 on completion of 9,18, & 27 years of services to the first respondent.

Learned counsel appearing for the parties submit that the controversy involved in the present petition stands covered by a Bench decision of this Court dated 17.12.2015 rendered in D.B. Special Appeal (Writ) No. 1068/2014 (Govind Dan Charan Vs. State of Rajasthan & Ors.) and other connected matters.

The operative portion of the order passed by the Division Bench reads as under:

'In view of the above discussion, the appeals filed by the appellants are allowed. The order dated 15.4.2014 passed by the learned Single Judge in all the writ petitions is set aside, the writ petitions filed by the petitioners- appellants are allowed to the extent that the appellants would be entitled to selection grade and get fixation in the pay scale of Rs. 975-1720, 1200k-2050 and 1640-2900 (5500-9000) on completion of 9,18 and 27 years of service respectively in terms of judgment in the case of Jagdish Narain Chaturvedi (supra) i.e. from the date of regular appointment.
The required exercise would be completed by the resodnents within a period of three months from the date of this judgment."
Learned counsel appearing for the petitioners submits that in terms of the Bench decision of this Court, the present writ petition deserves to be dismissed.
Accordingly, the writ petition is dismissed.
(DINESH MEHTA)J. ns.