Allowed

Smt Gyarsi Bai v. State of Raj and Ors.

Rajasthan HC1 May 2018CW/8871/2018

Case brief

AI extract

What is this about?

Single Bench allowed a writ petition for selection grade benefits. The petitioner's late husband, a retired health worker, was directed to receive the salary fixations of Rs.5500-9000 on completion of 9, 18, and 27 years of service.

What did the court decide?

Directions to grant selection grade benefit and fixation in the pay scale of Rs.975-1720, 1200-2050 & 1640-2900 on completion of 9, 18 & 27 years of service.

Smt Gyarsi Bai Vs State of Raj and Ors. — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writs No. 8871/2018

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Smt. Gyarsi Bai W/o (Late) Shri Todarmal, Aged About 58 Years, Resident Of Dostpura, Civil Line, Nayapura Kota, District-Kota (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan Through The Principle Secretary To The Government, Medical Health And Family Welfare Department, Gove. Secretariat Jaipur (Raj.).

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Director, Directorate Of Medical Health And Family Welfare Services, Swasthya Bhawan, Tilal Marg, C-Scheme, Jaipur (Raj.)

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Additional Director (Administration) Directorate Of Medical Health And Family Welfare Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.)

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The Chief Medical And Health Officer, Kota (Raj.)

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The Director, Pension Department, Jyoti Nagar, Extn. Jaipur (Raj.)

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		----	Respondents
For Petitioner(s)	:	Mr. Mukesh Sharma, Adv.
For Respondent(s)	:	Mr. Sanjay Sharma, Govt.	Counsel.

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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

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Order

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01/05/2018

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The petitioner is a widow of late Shri Todarmal who was working on the post of Multipurpose Health Worker (MPHW) at the time of his superannuation. The husband of the petitioner has expired on 24.01.2014.

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The petitioner has approached this Court for seeking a direction to give her husband’s benefit of 9, 18 and 27 years of

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(2 of 3)

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[CW-8871/2018]

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service in the selection grade by revising pay scale of Rs.975-1720, 1200-2050 & 1640-2900.

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The petitioner was appointed on regular and substantive permanent post of MSW/Vaccinator which post was subsequently merged M.P.H.W. The petitioner has submitted that entitlement of selection grade on the post of MPHW, has been decided by this Court in catena of cases and the Division Bench of this Court on 17.12.2015 decided D.B. Special Appeal (Writ) No.1068/2014 Govind Dan Charan Vs. State of Rajasthan and other connected appeals. The State had also filed special appeal in the Supreme Court that was also dismissed against the said order of the Division Bench.

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The controversy with regard to grant of selection scale to the person working on the post of MPHW is no more res-integra .

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Mr. Sanjay Sharma, learned Govt. Counsel, who is present in Court accpets notices on behalf of the respondents. Mr. Sanjay Sharma, does not dispute the legal position obtaining as on today.

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This Court in the case of Govind Dan Charan (supra) has already given a direction to the respondents to consider the claim of the petitioner’s-husband working on the post of MPHW by giving him benefit of selection scale on the higher post i.e. of Rs.975-1720, 1200-2050 & 1640-2900 (Rs.5500-9000) on completion of 9, 18 & 27 years of service, respectively.

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The present writ petition is allowed. The claim of peitioner is allowed to the extent of entitlement of petitioner’s-husband to selection grade and get fixation on completion of 9, 18 & 27 years

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(3 of 3)

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[CW-8871/2018]

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of service in the pay scale of Rs.975-1720, 1200-2050 & 1640-

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2900/- respectively.

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The required exercise may be carried out within a period of

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six weeks from the date of receipt of copy of this order.

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Accordingly, the writ petition is disposed of.

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(ASHOK KUMAR GAUR),J

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A.Kumar/111

Smt Gyarsi Bai v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

Smt Gyarsi Bai v. State of Raj and Ors.

Case brief

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What did the court decide?

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