Allowed

Narpat Singh v. State of Rajasthan

Rajasthan HC5 Aug 2020CW/18143/2018

Case brief

AI extract

What is this about?

The court allowed the writ petition invoking the fundamental right to equality under Article 14 of the Constitution. The petitioner was granted the entitlement to the Second Selection Scale and consequential benefits, correcting the earlier receipt of a lower pay scale contrary to the Government Notification dated 25.1.1992.

What did the court decide?

Petitioner directed to be entitled to Second Selection Scale of Rs.5000-8000 and Third Selection Scale on 27 years service, with respondents to comply within three months.

Narpat Singh Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 18143/2018

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Narpat Singh S/o Ramnath Ji, Aged About 62 Years, By Caste Rawna Rajput, Resident Of House No. 3, High Court Colony, B/h. Senapati Bhawan, Jodhpur (Raj.).

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----Petitioner

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Versus

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

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The Chief Engineer, Public Health Engineering Department, Government Of Rajasthan, Jaipur.

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The Superintending Engineer (Rural), Public Health Engineering Department, Circle, Jodhpur, Jodhpur (Raj.)

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The Assistant Engineer, Public Health Engineering Department, District Subdivision-Ii, Dolli, District Jodhpur (Raj.).

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----Respondents

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For Petitioner(s)	: Mr C.S. Bissa through VC
For Respondent(s)	: Ms Anjana Jawa,AGC through VC

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HON'BLE MR. JUSTICE RAMESHWAR VYAS

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Order

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05/08/2020

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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 Vs State of Rajasthan & others: S.B.C.W.P. No.3631/2008 decided on 17.11.2008, the said judgment has been affirmed by a Division Bench of this Court and the Special Leave Petition filed against said judgment has also been rejected by the Hon’ble Apex Court.

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In the case of Sohan Lal Mathur (supra), this Court relied on a judgment of this Court in the case of Shravan Kumar Vs State of

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(2 of 3)

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[CW-18143/2018]

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Rajasthan & others: S.B. Civil Writ Petition No.2156/2007, decided on 05.09.2008 and while allowing the writ petition relied on following part of the judgment:

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“As per the respondents the pay scale of post of Foreman Gr.II was given to the petitioner on completion of 18 years of service, however, it is not in dispute that the pay scale of Foreman Gr.II and the Electrician Gr.I is same. The Government of Rajasthan under the notification dated 25.1.1992 allowed selection grades on completion of a specific term of service with a view to remove stagnation in service, due to non-grant of promotion. Promotion in service means authority of higher post with higher emoluments. The selection grade satisfies higher emoluments only. If the government do not grant even the higher emoluments then the prescription of selection grade shall be of no consequence. The prescription of same pay scale on competition of 18 years of service as a matter of fact is an illusory benefit and that is not at all grant of selection grade with the spirit of the notification dated 25.1.1992. The petitioner though was not possessing the requisite qualification for the purpose of promotion to the post of Electrical Supervisor, however, selection grade as per para 5 of the notification dated 25.1.1992 should have been allowed to him as that adequately take care of such circumstances.”

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The aforesaid judgment passed in the case of Sohan Lal Mathur has been followed in many other matters by this Court.

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In view of the above legal position, present writ petition is also allowed, with direction to the respondents that the petitioner is entitled for Second Selection Scale in the pay scale of Rs.50008000 instead of Rs.4000-6000 by applying order dated 17.02.1998 (Annx.1) issued by the State Government, with all

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(3 of 3)

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[CW-18143/2018]

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consequential benefits including grant of Third Selection Scale on completion of 27 years of service, in the corresponding pay scale according to revised Pay Rules of 2008.

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The respondents are directed to comply with the order within a period of three months from the date of this order.

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No order as to costs.

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(RAMESHWAR VYAS),J.

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205-MMA/-

Narpat Singh v. State of Rajasthan

Case brief

What is this about?

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Narpat Singh v. State of Rajasthan

Case brief

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