Allowed

Pratap Singh v. State of Rajasthan

Rajasthan HC19 Jan 2023CW/5041/2021

Case brief

AI extract

What is this about?

The High Court allowed the writ petition directing respondents to grant selection grade entitlements and specific pay scales to the petitioner upon completion of 18 and 27 years of service, relying on the precedent of Sohanlal Mathur.

What did the court decide?

Respondents directed to allow selection grade and pay scales on completion of 18 and 27 years of service as per notifications; entitlement to be executed within six months.

Pratap Singh Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 5041/2021

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Pratap Singh S/o Sultan Singh Ji, Aged About 66 Years, By Caste Rajput, Resident Of Madrecho Ka Guda, Tehsil Khamnor, District Rajsamand (Raj.).

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----Petitioner

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Versus

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

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

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

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The Assistant Engineer, Public Health Engineering Department, Subdivision Kankroli, District Rajsamand (Raj.).

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----Respondents

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For Petitioner(s) : Mr. CS Bissa For Respondent(s) : Ms. Anjana Jawa, Dy. GC Mr. Mohit Choudhary

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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19/01/2023

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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 on 17.11.2008, which has been affirmed by Apex Court in SLP (Civil) No.14932/2012.

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(2 of 2)

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[CW-5041/2021]

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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 25.01.1992 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 view of the above, the instant writ petition is allowed and the respondents are directed to give all the entitlement available to the petitioner strictly in terms of the judgment of Sohanalal Mathur (supra).

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All pending applications also stand disposed of.

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(DR.PUSHPENDRA SINGH BHATI), J.

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58-Sudheer/-

Pratap Singh v. State of Rajasthan

Case brief

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Pratap Singh v. State of Rajasthan

Case brief

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