Gajanand Sharma vs State of Rajasthan and Others

Mohammad Rafiq, J.—Petitioner has filed this writ petition praying for a direction to respondents to give him benefit of selection scales of Rs. 975-1720, Rs. 1200-2050 (Rs. 4000-6000 in revised pay scale rules) and Rs. 1640-2900 (Rs. 5500-9000 in the revised pay scale rules) on completion of 9, 18 and 27 years of service and accordingly fix his salary and other benefits and pay him arrears with interest thereon from the date of entitlement till its actual realisation.

Petitioner was initially appointed on the post of Malaria Surveillance Worker/Vaccinator on regular basis against substantive/permanent posts and thereafter said post was merged into Multipurpose Health Worker (MPHW) and, therefore, his services were regularized from the date of appointment i.e. 17.11.1978.

Petitioner has been extended benefit of selection scale of Rs. 1025-1200 instead of Rs. 1200-2050 on completion of 18 years of service. Time and again he requested to respondents to sanction him selection scale of Rs. 1200-2050 on completion of 18 years of service and selection scale of Rs. 1640-2900 on completion of 27 years of service but the respondents did not acceded to hi request.

It is contended that the controversy involved in this case is squarely covered by a judgment dated 20.08.2008 of this court delivered at its Principal Seat, Jodhpur in S.B. Civil Writ Petition No. 6909/2006 - Chandra Shekhar Kumawat and others Vs. State of Rajasthan and others, which was upheld by Division Bench in Special Appeal (Writ) No. 994/2011 - State of Rajasthan and Others Vs. Chandra Shekhar Kumawat and others, decided vide judgment dated 11.10.2011.

In the light of aforesaid judgment, a coordinate bench of this court, while deciding a bunch of writ petitions leading one being S.B. Civil Writ petition No. 8414/2012 - Ratan Lal Sharma and Another Vs. State of Rajasthan and Others, vide judgment dated 08.08.2012, disposed of writ petitions with a direction to the respondents to consider case of the petitioners therein in the light of judgments referred therein and if the case of petitioners is covered thereby, they are expected to extend benefit as extended therein. Petitioner has cited copy of judgment dated 08.08.2012 in S.B. Civil Writ petition No. 7896/2012, which was one of the case in the said bunch of cases.

In view of above, writ petition is disposed of with a direction to respondents to consider case of petitioner in the light of judgment in Chandra Shekhar Kumawat, supra, which has attained finality as the Special Appeal (Writ) preferred thereagainst by the State, has been dismissed. If the case of the petitioner is found covered by aforesaid, the respondents are expected to extend him same benefit as extended in the case of Chandra Shekhar Kumawat, supra. Appropriate order to be passed within three months from the date of receipt of copy of this order.

This also disposes of stay application.