Allowed

Nathu Singh v. State of Rajasthan

Rajasthan HC10 Aug 2020CW/5182/2020

Case brief

AI extract

What is this about?

The High Court allowed the writ petition declaring petitioners entitled to selection grades and a specific pay scale of Rs.5000-8000 as the third selection grade upon completion of 27 years of service, relying on earlier judgments in Sharvan Kumar and Sohanlal Mathur.

What did the court decide?

Petition allowed; petitioners declared entitled to pay scale of Rs.5000-8000 as third selection grade on completion of 27 years of service; revision of pay directed within three months.

Nathu 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. 5182/2020

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Nathu Singh S/o Shri Poona Ram, Aged About 62 Years, Resident Of Village And Post Sankda, Tehsil Pokaran, District Jaisalmer.

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Lrs Of Late Shri Banshi Lal Mali, S/o Amolakh Mali

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Shanti W/o Late Shri Banshi Lal, Aged About 62 Years, Resident Of Ward No. 2, Dau Ka Bas, Pokaran, District Jaisalmer.

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Ashok S/o Late Shri Banshi Lal, Aged About 30 Years, Resident Of Ward No. 2, Dau Ka Bas, Pokaran, District Jaisalmer.

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Mishri Lal S/o Late Shri Banshi Lal, Aged About 35 Years, Resident Of Ward No. 2, Dau Ka Bas, Pokaran, District Jaisalmer.

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Lrs Of Late Shri Bhagwan Puri, S/o Basant Puri

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Hansa Devi W/o Late Shri Bhagwan Puri, Aged About 64 Years, Resident Of Ward No. 2, Bagwano Ka Bas, Pokaran, District Jaisalmer.

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Swaroop Puri S/o Late Shri Bhagwan Puri, Aged About 37 Years, Resident Of Ward No. 2, Bagwano Ka Bas, Pokaran, District Jaisalmer.

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Chatur Puri S/o Late Shri Bhagwan Puri, Aged About 30 Years, Resident Of Ward No. 2, Bagwano Ka Bas, Pokaran, District Jaisalmer.

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Lrs Of Late Gopal Das, S/o Shri Narayan Das

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Jhankar Devi W/o Late Shri Gopal Das, Aged About 68 Years, Resident Of Bhaskar Mohalla, Suraj Pole, Pokaran, District Jaisalmer.

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Badri Prasad S/o Late Shri Gopal Das, Aged About 48 Years, Resident Of Bhaskar Mohalla, Suraj Pole, Pokaran, District Jaisalmer.

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Om Prakash S/o Late Shri Gopal Das, Aged About 40 Years, Resident Of Bhaskar Mohalla, Suraj Pole, Pokaran, District Jaisalmer.

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Lrs Of Late Om Prakash, S/o Shri Shishupal Singh

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Asha Kanwar W/o Late Om Prakash, Aged About 63 Years, Resident Of Rijka Chowk, Ward No. 10, Pokaran, District

(2 of 3)

[CW-5182/2020]

Jaisalmer.

Kishore Singh S/o Late Om Prakash, Aged About 40 Years, Resident Of Rijka Chowk, Ward No. 10, Pokaran, District Jaisalmer.

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Sawai Singh S/o Late Om Prakash, Aged About 35 Years, Resident Of Rijka Chowk, Ward No. 10, Pokaran, District Jaisalmer.

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Devi Singh S/o Late Om Prakash, Aged About 30 Years, Resident Of Rijka Chowk, Ward No. 10, Pokaran, District Jaisalmer.

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----Petitioners

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Versus

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State Of Rajasthan, Through Principal Secretary, Phed, Government Of Rajasthan, Jaipur.

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The Chief Engineer (Administration), Government Of Rajasthan, Jaipur.

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Chief Personnel Officer, Head Quarter, Phed, Jaipur.

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Additional Chief Engineer, Phed, Region-Ii, Jodhpur.

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The Superintending Engineer, Phed, Rural Circle, Jaisalmer.

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The Executive Engineer, Phed, Rural Division-Pokaran, District Jaisalmer.

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----Respondents

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For Petitioner(s) : Mr. Sunil Purohit For Respondent(s) : Ms. Kamini Chouhan

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JUSTICE DINESH MEHTA

Judgment

10/08/2020

Heard.

It is submitted by learned counsel for the parties that the controversy involved in the present writ petition is squarely covered by a decision rendered in Sohanlal Mathur Vs. State of Rajasthan & Ors.:S.B.Civil Writ Petition No.3631/2008, decided

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(3 of 3)

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[CW-5182/2020]

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on17.11.2008, which has been affirmed by Apex Court in SLP (Civil)No.14932/2012.

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Learned Single Judge of this Court, while deciding the case of Sohanlal (supra) has relied on an earlier judgment in Sharvan Kumar Vs. State of Rajasthan & Ors. (S.B.Civil Writ Petition No.2156/2007, decided on 05.09.2008). The Court held:-

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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 notifications dated 25.1.1992 and 17.02.1998. The petitioner is declared entitled for getting the pay scale of Rs.1400-2600 (Rs.5000-8000) as second selection grade on completion of 18 years of service and the pay scale of Rs.5500-9000 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 this view of the matter, the instant petition is also allowed in the same terms and the petitioners are declared entitled for the grant of pay scale of Rs.5000-8000 instead of Rs.4000-6000 as third selection grade. Thereafter, petitioners’ pay be revised as per the Revised Pay-Scale Rules of 2008. The needful be done within a period of three months from today.

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The stay applications also stand disposed of accordingly.

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(DINESH MEHTA),J

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15-CPGoyal/-

Nathu Singh v. State of Rajasthan

Case brief

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Nathu Singh v. State of Rajasthan

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