Petitioner, a Ward Boy/Health Worker in Rajasthan, challenged fixation of his pay scale. Court held he is entitled to first selection grade in Rs.4000-6000 per rules and directed respondents to decide his representation within 30 days.
First selection grade allowed in pay-scale of Rs. 4000-6000; respondents directed to decide representation within 30 days.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 871/2020
Lakha Ram S/o Shri Heera Ram, Aged About 59 Years, B/c Prajapat, R/o Government Quarter Primary Health Office Bhailmal, Tehsil Bhailmal, District Jalore (Raj.), Working As Ward Boy In The Office Of Block Chief Medical Health Officer, Bhailmal, District Jalore.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. B.P. Mathur (through VC)
HON'BLE MR. JUSTICE ARUN BHANSALI Order
07/01/2021
Learned counsel for the petitioner states that the matter is squarely covered by the judgment passed by this Hon’ble Court in Dadam Das Vaishnav Vs. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.8309/2012 , decided on 20.05.2013. The judgment reads as under :-
“The petitioner entered in the services of the respondents, being appointed as Multipurpose Health Worker (Male) under the order dated 11.2.1991 in the pay-scale of Rs.950-1520. As a consequent to the amendment introduced in Rajasthan Civil Services (Revised Pay-scale) Rules, 1989, the pay-scale of Rs.950-1680 was allowed to the petitioner while serving as Multipurpose Health Worker (Male). The respondents vide order dated 13.3.2002 allowed payscale of Rs.3200-4900 as first selection grade w.e.f. 19.2.2000. The grievance of the petitioner is that
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instead of the pay-scale of Rs.3200-4900, pay-scale of Rs.4000-6000 should have been as the first selection grade. It is submitted that the petitioner is holding an isolated post, therefore, selection grade should have been allowed to him as per para-5 of the Government of Rajasthan circular dated 25.1.1992 and its subsequent order dated 17.2.1998.
A reply to the writ petition has been filed on behalf of the respondents stating therein that the petitioner, though, was working as Multipurpose Health Worker (Male), but that is not a post isolated one, as such, the pay-scale was allowed to him pertaining to the first promotional post.
Heard.
The post of Health Worker (Male) (Ordinary Scale) is prescribed under the Rajasthan Medical & Health Subordinate Service Rules, 1965. Appointment to this post is required to be made 100% by way of direct recruitment. Under the Rules aforesaid, no promotion avenue was available to the Multipurpose Health Worker (Male) on the day the petitioner became entitled to have the first selection grade, as such selection grade is required to be given to the petitioner as per para-5 of the Government of Rajasthan circular dated 17.2.1998. Under the notification aforesaid, the pay-scale applicable for the petitioner is Rs.4000-6000. The respondents, therefore, erroneously made fixation of the petitioner's pay in the pay-scale of Rs.32004900 after awarding first selection grade.
As a matter of fact, the issue involved in this petition for writ has already been adjudicated earlier in the case of Asha Ram & Anr. Vs. State of Rajasthan & Ors., (S.B. Civil Writ Petition No.5333/2006 decided on 17.5.2013).
Having considered all the facts of the case, this petition for writ for the reasons given deserves to be accepted. Accordingly, the same is allowed. The respondents are directed to allow first selection grade to the petitioner in the pay-scale of Rs.4000-6000 w.e.f. 11.2.1991 and second & third selection grades in
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terms of para-5 of the circulars dated 25.1.1992 and 17.2.1998. No order as to costs.”
Learned counsel for the petitioner states that the petitioner shall be satisfied if his representation is decided by the respondents in light of the aforequoted precedent law of Dadam Das Vaishnav (supra).
In light of the aforequoted judgment, the writ petition is disposed of with the direction to the respondents to decide the representation of the petitioner in terms of aforementioned precedent law within a period of 30 days from today strictly in accordance with law.
(ARUN BHANSALI),J
34-Sumit/-
3 issues framed by the court
Whether a Health Worker (Male) holding an isolated post is entitled to first selection grade in the pay-scale of Rs.4000-6000.
Whether the respondents' fixation of pay in the scale of Rs.3200-4900 was erroneous contrary to Government circulars.
Whether the petitioner's representation must be decided in light of the precedent law established in Dadam Das Vaishnav.
Colour shows how this judgement treated each authority
Dadam Das Vaishnav Vs. State of Rajasthan & Ors.Referred¶13
Dadam Das Vaishnav Vs. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.8309/2012
Asha Ram & Anr. Vs. State of Rajasthan & Ors.Followed¶21
Asha Ram & Anr. Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.5333/2006)
2 provisions across 2 enactments
Lakha Ram
The State Of Rajasthan
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
