Allowed

Omprakash Parihar v. the State of Rajasthan

Rajasthan HC15 Oct 2019CW/5040/2019

Case brief

AI extract

What is this about?

The High Court issued a single judge order disposing of a writ petition by directing respondents to grant selection grade and corresponding revised pay scales to the petitioner, citing binding precedent from an earlier judgment affirmed by this Court and the Supreme Court.

What did the court decide?

Directions to grant selection grade and corresponding pay scales (Rs.1400-2600/5000-8000 on 18 years; Rs.5500-9000 on 27 years) as per Revised Pay Rules within three months.

Omprakash Parihar Vs the State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 5040/2019

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Omprakash Parihar S/o Shri Girdhari Singh, Aged About 65 Years, Resident Of - Near Narsingh Temple, Pipar City, District Jodhpur.

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----Petitioner

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Versus

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The State Of Rajasthan, Through The Principal Secretary, Public Health And Engineering Department, Government Of Rajasthan, Jaipur.

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The Chief Personnel Officer, Head Quarter, Public Health And Engineering Department, Rajasthan, Jaipur.

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The Chief Engineer, Public Health And Engineering Department, Jodhpur.

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The Superintending Engineer, Public Health And Engineering Department, District Circle, Jodhpur.

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The Executive Engineer, Public Health And Engineering Department, District Division-I, Jodhpur.

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Assistant Engineer, Public Health And Engineering Department, Sub Division, Pipar City, District Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. Shailendra Kumar For Respondent(s) : Mr. Rakesh Patel

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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15/10/2019

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It is submitted by learned counsel for the parties that the issue involved in the present writ petition has already been decided by this Court in the case of Sohan Lal Mathur v. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.3631/2008, decided on 17.11.2008 and that the said judgment in the case of Sohan Lal Mathur (supra) has been affirmed by the Division Bench of this

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(2 of 2)

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[CW-5040/2019]

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Court as well as Special Leave Petition against the said judgment has also been rejected by the Hon’ble Supreme Court. In the case of Sohan Lal Mathur (supra), it was directed as under:-

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“In view of whatever said above, this petition for writ deserves acceptance and, therefore, the same is allowed. The respondents are directed to allow selection grade to the petitioner on completion of 18 years of service as per para 5 of the notification dated 25.1.1992 and 17.2.1998. The petitioner is declared entitled for getting the pay scale of Rs.1400-2600 (5000-8000) as second selection grade on completion of 18 years of service and the pay scale of Rs.55009000 on completion of 27 years of service as the third selection grade. The entitlement as declared above is required to be executed by the respondents within a period of six months from today.”

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In view of the above, the writ petition filed by the petitioner is also disposed of with the direction to the respondents to grant the same relief to the petitioner, based on the corresponding pay scales/applicable pay scales i.e. Rs.1400-2600 (5000-8000) as second selection grade on completion of 18 years of service and 5500-9000 on completion of 27 years of service as the third selection grade as in the meanwhile Rajasthan Civil Services (Revised Pay) Rules, 2008 have been made applicable.

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Needful may be done by the respondents within a period of three months from the date of this judgment.

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No order as to costs.

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(VINIT KUMAR MATHUR),J

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314-SanjayS/-

Omprakash Parihar v. the State of Rajasthan

Case brief

What is this about?

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Omprakash Parihar v. the State of Rajasthan

Case brief

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