Dismissed

Jagdish Prasad Sharma S/O Late Shri Jeevan Ram Sharma v. the State of Rajasthan

Rajasthan HC24 Sept 2019WRW/138/2019

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of multiple review petitions challenging an order that granted selection scale and pension benefits to employees of the Public Health Engineering Department. The court found no ground to recall the earlier order.

What did the court decide?

The writ petitions were allowed in the impugned order dismissed in this review, directing the release of selection scale along with arrears on completion of specified service periods within three mont

Jagdish Prasad Sharma S/O Late Shri Jeevan… — Pension and Retirement Benefits | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Review Petition (Writ) No. 142/2019

¶3

Ramesh Chand Joshi S/o. Shri Jagan Lal Joshi, Aged About 57 Years, R/o P.no. 192/282, Sector-19, Pratap Nagar, Jaipur (Raj.)

¶4

----Petitioner

¶5

Versus

¶6

The State Of Rajasthan, Through The Principal Secretary, Public Health Engineering Department, Govt. Of Rajasthan, Govt. Secretariat, Jaipur.

¶7

Principal Secretary, Department Of Personnel, Govt. Of Rajasthan, Govt. Secretariat, Jaipur (Raj.)

¶8

Chief Engineer (Admn.), Public Health Engineering Department, Jaipur.

¶9

----Respondents

¶10

Connected With

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S.B. Review Petition (Writ) No. 116/2019

¶12

Devendra Prasad Sharma S/o Shri Hanuman Prasad Sharma, R/o P.no. G-4, Major Shaitan Singh Colony, Shastri Nagar, Jaipur At Present Working As J.en., Phed, City Sub- Division-Vi, North, Baniprark, Jaipur (Raj.)

¶13

Rohitashwa Parashar S/o Shri Banwari Lal Parashar, R/o In Front Of Seeds Corporation, Naya Bas, Alwar, At Present Working As J.en., Phed, District Sub- Division-I, Jhunjhunu (Raj.)

¶14

Laxman Das Jatav S/o Shri Bhagwat Prasad Jatav, R/o C/o. Shri Naurat Mal Nahata, Dr. Nuwal Ke Saamne Wali Gali, Sindhi Colony, Gulabpura Distt. Bhilwara, At Present Working As J.en., Phed, Sub- Division - Shahpura, Distt. Bhilwara (Raj.)

¶15

Nand Kumar S/o Shri Ramgopal, R/o B-34, Road No. 1, Krishna Nagar, Police Line, Kota, At Present Working As J.en. Phed, Sub-Division- Lakheri, Distt. Bundi.

¶16

Thakur Das Ken S/o Shri Ram Singh Ken, R/o P.no. 5, Devi Nagar-B, Harnathpura, Jhotwara, Jaipur, At Present Working As J.en., Phed, Sub-Division- Dantaramgarh, Distt. Sikar.

¶17

Sohan Lal Jatav S/o Shri Buddha Ram, R/o Vill. Saimali,

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(2 of 8)

¶19

[WRW-142/2019]

¶20

Tehsil Nagar, Distt. Bharatpur, At Present Working As J.en., Phed Sub-Division- Rawatsar (Rural), Distt. Hanumangarh.

¶21

Daulat Ram Verma S/o Shri Bhagwan Sahai Verma, R/o Vill. And Post Vijaypura, Tehsil Thanagaji, Distt. Alwar, At Present Working As J.en., Phed Sub-DivisionUdaipurwati, Distt. Jhunjhunu.

¶22

Mahesh Chand Meena S/o Shri Bharat Lal Meena, Aged About 43 Years, R/o Vill. Badh Rayal, Post Kemla, Tehsil Gangapur City, Distt. Sawai Madhopur, At Present Working As J.en., Phe-II, Jaipur Development Authority, Jaipur.

¶23

Hargovind Meena S/o Shri Dev Kishan Meena, R/o 6D-17, Mahaveer Nagar Ext. Scheme, Basant Kihar Kota, At Present Working As J.en. Phed, Sub-Division- Bamanwas, Distt. Sawai Madhopur.

¶24

Praveen Ram Chauhan S/o Shri Mohan Lal Chauhan, R/o Shripura, Babra Pada, Near Babaron Ka Mandir, Kaithunipole, Kota, At Present Working As J.en., Phed Sub- Division- Vijaynagar, Distt. Ajmer.

¶25

----Petitioners

¶26

Versus

¶27

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

¶28

Principal Secretary, Department Of Personnel, Govt. Of Rajasthan, Govt. Secretariat, Jaipur (Raj.)

¶29

The Chief Engineer (Admn.), Public Health Engineering Department, Jaipur (Raj.)

¶30

----Respondents

¶31

S.B. Review Petition (Writ) No. 131/2019

¶32

Praveen Kumar Singhal S/o Shri Girraj Prasad Singhal, Aged About 51 Years, Resident Of 28, Everest Vihar, Kings Road, Nirman Nagar, Jaipur-302019

¶33

Sunil Kumar Parashar S/o Shri Babulal Parashar, Aged About 47 Years, Resident Of Plot No. - 18, Gangotri Nagar, Gopalpura Bypass, Jaipur (Raj.)

¶34

Mangtu Ram Jain S/o Shri Sumer Chand Jain, Aged About 48 Years, Resident Of 55/231, Rajat Path, Near Uco Bank, Mansarovar, Jaipur (Raj.)

¶35

(3 of 8)

¶36

[WRW-142/2019]

¶37

Siya Ram S/o Shri Buddhi Singh, Aged About 49 Years, R/o 11, Pushp Colony, Near Hanuman Chouraha, Near Jhankar Hotel, Alwar (Raj.)

¶38

Rakesh Upadhyay S/o Shri Umashankar Upadhyay, Aged About 51 Years, R/o 32/503, Pratap Nagar, Sanganer, Jaipur (Raj.)

¶39

----Petitioners

¶40

Versus

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The State Of Rajasthan, through the Principal Secretary Public Health And Engineering Department, Government Secretariat, Jaipur (Raj.).

¶42

Chief Engineer (Administration), Public Health And Engineering Department, Jal Bhawan, 2, Civil Lines, Hasanpura, Jaipur (Raj.).

¶43

----Respondents

¶44

S.B. Review Petition (Writ) No. 132/2019

¶45

Mahesh Chand Singhal S/o Shri Om Prakash Singhal, Aged About 60 Years, R/o 14/75, Shipra Path, Mansarovar, Jaipur

¶46

----Petitioner

¶47

Versus

¶48

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

¶49

Principal Secretary, Department Of Personnel, Government Of Rajasthan, Govt. Secretariat, Jaipur (Raj.)

¶50

Chief Engineer (Admn.) Public Health Engineering Department, Jaipur

¶51

Director, Pension And Pensioners Welfare Department, Jyoti Nagar, Jaipur

¶52

----Respondents

¶53

S.B. Review Petition (Writ) No. 138/2019

¶54

Jagdish Prasad Sharma S/o Late Shri Jeevan Ram Sharma, Aged About 53 Years, R/o P.no. 40, Brij Vatika, Goner Road, Jagatpura, Jaipur (Raj.)

¶55

----Petitioner

¶56

Versus

¶57

The State Of Rajasthan, Through The Principal Secretary, Public Health Engineering Department, Govt. Of

¶58

(4 of 8)

¶59

[WRW-142/2019]

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Rajasthan, Govt. Secretariat, Jaipur.

¶61

Principal Secretary, Department Of Personnel, Govt. Of Rajasthan, Govt. Secretariat, Jaipur (Raj.)

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Chief Engineer (Admn.), Public Health Engineering Department, Jaipur.

¶63

----Respondents

¶64

S.B. Review Petition (Writ) No. 140/2019

¶65

Chandra Narayan Saxena S/o. Late Prem Narayan Saxena, Aged About 60 Years, R/o. 8-A, Janakpuri-I, Imli Phatak, Jaipur (Raj.)

¶66

----Petitioner

¶67

Versus

¶68

The State Of Rajasthan, Through The Principal Secretary, Public Health Engineering Department, Govt. Of Rajasthan, Govt. Secretariat, Jaipur.

¶69

Principal Secretary, Department Of Personnel, Govt. Of Rajasthan, Govt. Secretariat, Jaipur (Raj.)

¶70

Chief Engineer (Admn.), Public Health Engineering Department, Jaipur.

¶71

----Respondents

¶72

S.B. Review Petition (Writ) No. 150/2019

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Parmeshwar Lal Swami S/o. Shri Mohan Lal Swami, Aged About 59 Years, R/o. Mohan Ice Factory, Choudhariyon Ka Kuwa, Sardar Shahar, Churu (Raj.)

¶74

----Petitioner

¶75

Versus

¶76

The State Of Rajasthan, Through The Principal Secretary, Public Health Engineering Department, Govt. Of Rajasthan, Govt. Secretariat, Jaipur.

¶77

Principal Secretary, Department Of Personnel, Govt. Of Rajasthan, Govt. Secretariat, Jaipur (Raj.)

¶78

Chief Engineer (Admn.), Public Health Engineering Department, Jaipur.

¶79

----Respondents

¶80

S.B. Review Petition (Writ) No. 155/2019

¶81

Hari Singh S/o. Shri Raghuveer Singh, Aged About 52 Years, R/o Rathore Colony, G.t. Road, Dholpur. At Present Working As J.en., Phed, Sub-Division- Peeplu, Distt. Tonk.

¶82

(5 of 8)

¶83

[WRW-142/2019]

¶84

Sanwala Ram Parihar S/o. Shri Ajeeta Ram Parihar, R/o. Kalakar Colony, Plot No. 45, Jaisalmer. At Present Working As J.en., Phed, Sub-Division- Bhojka, Distt. Jaisalmer.

¶85

Surendra Singh Bairwa S/o. Shri Tulsiram Bairwa, R/o. Jagir Bandikui, Distt. Dausa. At Present Working As J.en., Phed, Sub-Division- Lakheri, Distt. Bundi.

¶86

Kamal Kumar Bohra S/o. Shri Jethmal Bohra, R/o. 1/81, Jamalpura, Beawar Distt. Ajmer. At Present Working As J.en., Phed Production Sub- Division (Rural), Beawar, Distt. Alwar.

¶87

Sugar Singh Meena S/o. Shri Mangi Lal Meena, R/o. Vill. Badhrayal, Post Kemla, Tehsil Gangapur City, Distt. Sawai Madhopur. At Present Working As J.en., Phed, SubDivision- Hidaun City, Distt. Karauli.

¶88

Om Prakash Meena S/o. Late Shri Mohan Lal Meena, R/o. 5, Baba Khetnath Colony, Jamdoli, Agra Road, Jaipur. At Present Working As J.en., Phed, City Sub-Division- Ii (South), Adarsh Nagar Chowki, Tilak Nagar, Jaipur.

¶89

----Petitioners

¶90

Versus

¶91

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

¶92

Principal Secretary, Department Of Personnel, Govt. Of Rajasthan, Govt. Secretariat, Jaipur (Raj.)

¶93

The Chief Engineer (Admn.), Public Health Engineering Department, Jaipur (Raj.)

¶94

----Respondents

¶95

S.B. Review Petition (Writ) No. 158/2019

¶96

Mahesh Kumar Pareek S/o. Shri Mohan Lal Pareek, Aged About 59 Years, R/o 200A Devi Nagar New Sanganer Road, Jaipur.

¶97

----Petitioner

¶98

Versus

¶99

The State Of Rajasthan, Through The Principal Secretary, Public Health Engineering Department, Govt. Of Rajasthan, Govt. Secretariat, Jaipur.

¶100

Principal Secretary, Department Of Personnel, Govt. Of Rajasthan, Govt. Secretariat, Jaipur (Raj.)

¶101

Chief Engineer (Admn.), Public Health Engineering

(6 of 8)

[WRW-142/2019]

Department, Jaipur.

----Respondents

S.B. Review Petition (Writ) No. 208/2019

¶107

Vijay Gupta S/o Shri Gyan Prakash Gupta, Aged About 52 Years, Resident Of 256-A, 257-A, Heera Nagar-A 200Ft. Sikar Bypass, Ajmer Road, Jaipur-302021 (Raj.)

¶108

Manoj Kumar Gupta S/o Shri Parmanand Gupta, Aged About 48 Years, Resident Of 91, Pushpanjali Colony, Mahesh Nagar, Jaipur-302015 (Raj.)

¶109

Vimal Khandelwal S/o Lt. Shri Mangilal Sharma, Aged About 50 Years, Resident Of 23, Secretariat Colony, Tonk Phatak, Jaipur-302015 (Raj.)

¶110

Devendra Sharma S/o Shri Babu Lal Sharma, Aged About 51 Years, Resident Of 403, Officers Campus, Khatipura, Jaipur-302012 (Raj.)

¶111

Kamal Kishore Narang S/o Shri N.d. Narang, Aged About 49 Years, Resident Of 3/487, Kala Kuan Housing Board, Alwar -301001 (Raj.)

¶112

Vishal Saxena S/o Shri S.s. Dalela, Aged About 48 Years, Resident Of C-28, Piyush Path, Bapu Nagar, Jaipur-30215 (Raj.)

¶113

Lalit Kumar Nagori S/o Shri Paras Mal Nagori, Aged About 44 Years, Resident Of 22, Sidharth Nagar, New Bhualpura, Udaipur-313001 (Raj.)

¶114

Atul Sharma S/o Shri J.r. Sharma, Aged About 47 Years, Resident Of 6-Ii Floor, Jagdish Vihar-Ii, Prem Nagar, Jagatpura, Jaipur-302017 (Raj.)

¶115

Ashish Dutta S/o Lt. Shri Dr. P.c.dutta, Aged About 46 Years, Resident Of 5/103, Sfs, Agarwal Farm, Mansarovar, Jaipur-302020 (Raj.)

¶116

Prakash Veer Nathani S/o Shri Govind P. Nathani, Aged About 46 Years, Resident Of 4, Janpath, Gali No. 5, Saraswati Colony, Baran Road, Kota-324001 (Raj.)

¶117

Sanjay Kumar Singh S/o Shri Yadunath Singh, Aged About 47 Years, Resident Of D-137, Hasan Khan, Mewati Nagar, Alwar-301001 (Raj.)

¶118

----Petitioners

¶119

Versus

¶120

The State Of Rajasthan, Through The Principle Secretary,

¶121

(7 of 8)

¶122

[WRW-142/2019]

¶123

Public Health Engineering Department, Govt. Of Rajasthan, Govt. Secretariat, Jaipur.

¶124

Chief Engineer (Admn.), Public Health Engineering Department, Jaipur

¶125

----Respondents

¶126

For Petitioner(s) : Ms. Archana on behalf of Mr. Anil Mehta, AAG For Respondent(s) : Mr. R.D. Meena

¶127

HON'BLE MR. JUSTICE INDERJEET SINGH

¶128

Order

¶129

24/09/2019

¶130

Heard on the review petitions.

¶131

Admittedly, the writ petitions were decided in view of the judgment passed by the Coordinate Bench of this Court at Principal Seat, Jodhpur in the matter of Bhiya Ram Vishnoi Vs. State of Rajasthan & Ors. (S.B. Civil No.14215/2013) decided on 14.02.2017. The order dated 01.03.2019 was passed in presence of Mr. Anil Mehta, Additional Advocate General and this

¶132

court on 01.03.2019 in the order observed as under:-

¶133

“3. It is informed that the State of Rajasthan thereafter filed SLP against the order passed by the Division Bench and the same was also dismissed and the order has been complied with by the respondents.

¶134

Mr. Anil Mehta, AAG appearing on behalf of the respondents has not disputed the facts regarding passing of the judgment by the learned Single Judge as well as by Division Bench with regard to similarly situated persons.

¶135

In that view of the matter, these writ petitions are allowed. The petitioners are declared to be entitled to count their entire period of service for the purpose of grant of selection scale in terms of circular dated 25.01.1992, 20.01.1993, 17.02.1998 and 16.07.2000. The respondents are directed to release selection scale to the petitioners on completion of 9, 18 & 27 years of service and the same be paid to the petitioners along with

¶136

(8 of 8)

¶137

[WRW-142/2019]

¶138

arrears within a period of three months of this order.”

¶139

Since the order dated 01.03.2019 was passed in presence of Mr. Anil Mehta, AAG who agreed that the matters are covered by the judgment passed in Bhiya Ram Vishnoi case (supra) in my considered view, no case is made out to review/recall the order dated 01.03.2019.

¶140

Hence, the review petitions are dismissed. Copy of the order be separately placed in each connected file.

¶141

(INDERJEET SINGH),J

¶142

JYOTI /79-88

Jagdish Prasad Sharma S/O Late Shri Jeevan Ram Sharma v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jagdish Prasad Sharma S/O Late Shri Jeevan Ram Sharma v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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