Allowed

Ashok Kumar and Ors. v. State of Raj and Ors.

Rajasthan HC5 May 2017CW/6892/2017

Case brief

AI extract

What is this about?

A single-judge writ petition filed by Health Supervisors seeking claim of increment. The Court disposed of the petition since the controversy was resolved in earlier orders between the State and other Health Supervisors, directing the respondents to consider the claim and release arrears.

What did the court decide?

Petition disposed; ordered to consider increment claim, revise remuneration, pay arrears with interest, and refund recovered amounts.

Ashok Kumar and Ors. Vs State of Raj and Ors. — Writ and Judicial Review | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 6892 / 2017

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Ashok Kumar S/o Shri Nandram,, Aged About 47 Years, House No. 1/131 Housing Board Colony, Tonk District Tonk (Health Supervisor PHC Nasirda At Block Deoli, District Tonk).

¶4

Rakesh Kumar Balai S/o Shri Navratan,, Aged About 39 Years, Village Datob, Tehsil Todaraisingh, District Tonk (Health Supervisor PHC Lawadar At Block Tonk, District Tonk).

¶5

Kuldeep Mahawar W/o Shri Kishan Lal Mahawar,, Aged About 30 Years, Behind Karshi Mandi, Near Water Tank, Tonk District Tonk (Health Supervisor PHC Ranoli At Block Tonk, District Tonk).

¶6

Satish Kumar S/o Shri Rajender Kumar,, Aged About 33 Years, Annapurna Dungri, Bambor Road Tonk District Tonk (Health Supervisor PHC Gahlod At Block Tonk, District Tonk).

¶7

Ajay Kumar Verma D/o Shri Beela Ram Verma,, Aged About 45 Years, Regairn Ka Mohall, Kund Ke Pass, Todaraysing District Tonk, (Health Supervisor PHC Parana At Block Tonk, District Tonk).

¶8

Priyanka Bhardwaj W/o Shri Pavan Kumar Sharma,, Aged About 45 Years, House No 11/1349 Malviyanagar Jaipur (Health Supervisor PHC Bhankrota At Block Sanganer, District Jaipur).

¶9

Ramprasad Sharma S/o Shri Prabhu Lal Sharma,, Aged About 46 Years, Shyam Vihar Colony Jamat Nawai District Tonk, (Block Health Supervisor At Block Chaksu, District Jaipur).

¶10

Vimla Meena W/o Shri Mulchand Meena,, Aged About 37 Years, Village Harvar Post Dhand Tehsil Amer District Jaipur, (Health Supervisor CHC Bhanpur Kalan At Block Jamva Ramgarh, District Jaipur).

¶11

Sandeep Choudhary S/o Shri Amar Chand Jat,, Aged About 30 Years, Plate No. 18 Green Park, Link Road Govind Pura, Kalwad Road, Jaipur (Health Supervisor CHC Khaijroli At Block Govind Garh, District Jaipur).

¶12

Keerti Saini W/o Shri Bhagwan Saini,, Aged About 34 Years, B- 209 Kirti Nagar, Tonk Road, Jaipur (Health Supervisor PHC Jahota At Block Amer, District Jaipur).

¶13

Vandana Sharma W/o Shri Gopal Sharma,, Aged About 37 Years, 15, Narsingh Marg Brahmpuri Jaipur, (Health Supervisor CHC Nayala At Block Jamva Ramgarh, District Jaipur).

¶14

Divakar Sharma S/o Shri Ram Avatar Sharma,, Aged About 38 Years, Village Jon Boahran, Tehsil Nagal Rajavatan District Dausa, (Health Supervisor PHC Kalanpura Kalan At Block Kotputli, District Jaipur).

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Mukesh Sharma S/o Shri Madan Lal Sharma,, Aged About 44 Years, Rajputoa Ka Mohalla, Kanota, Tehsil Bassi, District Jaipur.

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(2 of 4)

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[CW-6892/2017]

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(Health Supervisor PHC Bhonawas At Block Kotputli, District Jaipur)

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Vikash Sharma S/o Shri Kailash Chand Sharma,, Aged About 36 Years, Visvash Electronic, Infront of Nehru Park, Lalsot District Dausa, (Health Supervisor PHC Raghunath Pura At Block Kotputli, District Jaipur).

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Viresh Mathur S/o Shri Ummedroop Mathur,, Aged About 43 Years, A/ 698, Hari Marg, Malviya Nagar Jaipur, (Accountant PHC Bhonawas At Block Jamva Kotputli, District Jaipur).

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Geeta Singh W/o Shri Dharmendar Singh,, Aged About 43 Years, 9D98 Vaishali Nagar Jaipur, (Health Supervisor PHC Chandwaji At Block Amer, District Jaipur).

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Chetan Rajoriya S/o Shri Narayan Lal,, Aged About 34 Years, Out Side of Char Darwaja, Mandi Khatikan, Jaipur (Health Supervisor PHC Gagradu At Block Dudu, District Jaipur)

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Prabhudayal Reigar S/o Shri Narayan Regar,, Aged About 40 Years, Village Habuspura, Tehsil Fulera, District Jaipur (Health Supervisor PHC Mozmabad At Block Dudu, District Jaipur)

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Chaman Lal Reigar S/o Shri Gopi Lal Regar,, Aged About 40 Years, Shanbar Lake, District Jaipur, (Health Supervisor PHC Ladera At Block Dudu, District Jaipur)

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Monu Kumari D/o Shri Khem Chand Verma,, Aged About 32 Years, Mahir Tonk, District Tonk, (Health Supervisor PHC Kakod At Block Uniara, District Tonk)

¶26

Anita Sharma W/o Shri Vinay Sharma,, Aged About 35 Years, 103/101 Sagun Villa, Patel Marg, Mansarovar Jaipur, (Block Program Manager At Block Phagi, District Jaipur)

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----Petitioners

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Versus

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State of Rajasthan Through Principal Secretary, Medical, Health & Family Welfare,, Government Secretcriat, 1st Floor, Main Building, Jaipur-302005

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Secretary, Medical, Health & Family Welfare and Mission Director, NHM, NRHM Block., RHSDP Building, Directorate of Medical & Health Services, Swasthya Bhawan, Behind Government Secretariat, Jaipur

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----Respondents

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For Petitioner(s) : Mr. Brijesh Bhardwaj

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For Respondent(s) : Mr. Sanjay Kumar Sharma, G.C.

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HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA

(3 of 4)

[CW-6892/2017]

Order

05/05/2017

Learned counsel for the parties are not in dispute on the factual matrix that the controversy raised in the instant writ application stands resolved in view of the adjudication in the case of Anand Purohit & Ors. Versus State & Ors.: S.B. Civil Writ Petition No.8988/2014. It is further informed that an intra-court appeal against the opinion of the learned Single Judge was also declined in D.B. Special Appeal Writ No.854/2016 (State & Ors. Versus Madhusudan Vyas & Ors.), and other analogous matters.

¶40

Referring to another writ petition i.e. S.B. Civil Writ Petition No.571/2017: Yogesh Singh Rathore & Ors. Versus State of Rajasthan & Ors., and analogous matter, adjudicated by a Coordinate Bench of this Court, at Principal Seat, Jodhpur, on 22^nd March, 2017, learned counsel would submit that a direction has been issued to the State-respondents to revise the remuneration of the petitioners therein within a period of three months from the receipt of the certified copy of the order dated 22^nd March, 2017, and to release the arrears found due. Failure to comply with the direction would carry an interest @ 6% on the amount due till the date of payment.

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In view of the undeniable factual matrix as stated herein above; the instant writ application stands disposed off in terms of the order in the case of Anand Purohit & Ors. (supra).

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The respondents are directed to consider the claim of the petitioners for increment as per Clause-15 of the agreement(s) and to revise the remuneration of the petitioners as has been

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(4 of 4)

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[CW-6892/2017]

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done vide order dated 10^th December, 2010. As a consequence of re-fixation of the remuneration and increment; amount due, if any, shall be released as expeditiously as possible; however, in no case later than two months from the date a certified copy of this order is presented. Failure to comply with the directions, as indicated above, would saddle the State-respondents with interest @ 6% on the amount due that may become payable to the petitioners.

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Recovery, if any, effected from the petitioners is hereby quashed and the amount recovered shall be refunded to the petitioners within three months from the date a certified copy of this order is presented.

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Stay application stands closed.

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(VEERENDR SINGH SIRADHANA)J.

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SS/173

Ashok Kumar and Ors. v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

Ashok Kumar and Ors. v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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