A coordinate bench of the High Court of Rajasthan allowed the petitioner's writ petition relying on the precedent of Govind Dan Charan. The court noted the identity of the controversy and the lack of dispute regarding the factual matrix.
The writ petition was allowed in terms of the order made in Govind Dan Charan vs. State of Rajasthan.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 12504 / 2016
Suraj Devi W/o Late Shri Devi Shankar Sharma, Aged About 68 Years, Mohalla Neemdi Pulia Anta Ward No. 10 District Baran Rajasthan
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Narendra Mishra
For Respondent(s) : Mr. Sanjay Kumar Sharma, Govt. Counsel
HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA
Order
09/08/2017
Learned counsel for the petitioners submits that identical 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
(2 of 3)
[CW-12504/2016]
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 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
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[CW-12504/2016]
application stands allowed in terms of the order made in the case of Govind Dan Charan (supra) on 17th December, 2015.
(VEERENDR SINGH SIRADHANA)J.
SS/119
3 issues framed by the court
Whether the instant writ petition being identical to controversies already adjudicated by Division Bench at Principal Seat, Jodhpur, in Govind Dan Charan case requires separate determination.
Whether Malaria Surveillance Workers merged with Multipurpose Health Worker cadre are entitled to selection scale on completion of service.
Whether the present petition can be disposed of by relying on the order in Govind Dan Charan case.
Colour shows how this judgement treated each authority
Govind Dan Charan Versus State of RajasthanRelied on¶15
D.B. Civil Special Appeal (Writ) No.1068/2014: Govind Dan Charan Versus State of Rajasthan, decided on 17th December, 2015
Prahlad Kumar Sen & Anr. Versus State of Rajasthan & Ors.Referred¶16
S.B. Civil Writ Petition No.4083/2017: Prahlad Kumar Sen & Anr. Versus State of Rajasthan & Ors.
Dadad Das Vaishnav vs. State of Rajasthan & Ors.Referred¶22
Dadad Das Vaishnav vs. State of Rajasthan & Ors., SBCWP No.8309/2012
Suraj Devi W/o Late Shri Devi Shankar Sharma
State of Rajasthan Through Principal Secretary to the Government, Medical Health and Family Welfare Department
The Director, Directorate of Medical Health and Family Welfare Services
Additional Director (Administration), Directorate of Medical Health and Family Welfare Services
Veerendr Singh Siradhana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
