BRAHMANAND SHARMA S/O SHRI NATHU LAL SHARMA v. STATE OF RAJASTHAN
CW/19765/2022 · 2025-09-20
Maneesh Sharma
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 34293 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34293 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:38806] HIGH COURT of JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19765/2022
1. Brahmanand Sharma S/o Shri Nathu Lal Sharma, Aged About 79 Years, R/o Village And Post Ghonsla, Tehsil Hindaun City, District Karauli Retired On 28.02.2002 From The Post of MPW From O/o Block Chief Medical officer Hindaun City, District Karauli. 2. Battu Lal Verma S/o Shri Balmat Singh, Aged About 72 Years, R/o Village And Post Kachroli, Tehsil Hindaun City, District Karauli Retired On 31.03.2010 From The Post of SMPW From O/o Block Chief Medical officer Baseri, District Dholpur. 3. Karan Singh Jatav S/o Shri Fusiya Ram, Aged About 66 Years, R/o Village Milkipura Post Dhindhora, Tehsil Suroth, District Karauli Retired On 31.05.2016 From The Post of SMPW From O/o Block Chief Medical officer Hindaun City, District Karauli. 4. Pyare Lal Jatav S/o Shri Tofani Ram, Aged About 62 Years, R/o Village Peepalheda Post Tighariya, Tehsil Hindaun City, District Karauli Retired On 30.09.2020 From The Post of MPW From O/o Block Chief Medical officer Hindaun City, District Karauli. 5. Dhanna Lal S/o Shri Ramphal, Aged About 70 Years, R/o Village Bahadurpur Post Jatnagla, Tehsil Suroth, District Karauli Retired On 31.07.2012 From The Post of MPW From O/o Block Chief Medical officer Hindaun City, District Karauli. 6. Ratta Singh S/o Shri Mangal Singh, Aged About 67 Years, R/o Village And Post Adda, Tehsil Bayana, District Bharatpur Retired On 31.09.2015 From The Post of MPW From O/o Block Chief Medical officer Hindaun City, District Karauli. 7. Kalua Ram S/o Shri Roop Singh, Aged About 69 Years, R/o Lal Darwaja, Bayana, District Bharatpur Retired On 30.04.2014 From The Post of MPW From O/o Block Chief Medical officer Bayana, District Bharatpur. 8. Dhyani Ram S/o Shri Bhika Ram, Aged About 68 Years, R/o Village And Post Katkad, Tehsil Hindaun City, District Karauli Retired On 31.08.2014 From The Post of SMPW
[2025:RJ-JP:38806] (2 of 7) [CW-19765/2022] From O/o Block Chief Medical officer Hindaun City, District Karauli. 9. Revati Lal S/o Shri Dhandhu Ram, Aged About 73 Years, R/o Village Peepalheda Post Tighariya, Tehsil Hindaun City, District Karauli Retired On 28.02.2009 From The Post of SMPW From O/o Block Chief Medical officer Hindaun City, District Karauli. 10.
Shivcharan Jangid S/o Shri Prabhu Dayal Jangid, Aged About 73 Years, R/o Village And Post Katkad, Tehsil Hindaun City, District Karauli Retired On 30.04.2010 From The Post of Smpw From O/o Block Chief Medical officer Hindaun City, District Karauli. 11. Prabhu Dayal Sharma S/o Shri Shibbu Ram Sharma, Aged About 76 Years, R/o Village And Post Katkad, Tehsil Hindaun City, District Karauli Retired On 31.05.2006 From The Post of SMPW From O/o Block Chief Medical officer Hindaun City, District Karauli. 12. Bhushan Lal Meena S/o Shri Prabhu Lal, Aged About 68 Years, R/o Village And Post Katkad, Tehsil Hindaun City, District Karauli Retired On 31.05.2014 From The Post of SMPW From O/o Block Chief Medical officer Hindaun City, District Karauli. 13. Rajeev Kumar Meena, Legal Heir And S/o Shri Prahlad Chand Meena, (Since Deceased On 17.12.2015) Retired On 31.12.2012 From The Post of SMPW From O/o Block Chief Medical officer Todabheem, District Karauli, R/o Village And Post Dadanpur, Tehsil Todabheem District Karauli. 14. Urmila Devi W/o Shri Ratan Lal Jatav, Aged About 67 Years, (Since Deceased) Retired On 30.06.2010 From The Post of MPW From O/o Block Chief Medical officer Hindaun City, District Karauli, R/o Village Piluva Post Nayagaon(Devlen) Tehsil Todabheem, District Karauli. 15. Babu Lal Banshiwal S/o Shri Gulbi Ram, Aged About 72 Years, R/o Village Nayagaon Peelua, Tehsil Todabheem, District Karauli Retired On 31.01.2013 From The Post of MPW From O/o Block Chief Medical officer Bayana, District Bharatpur. 16. Radheshyam Sharma S/o Shri Rewar Mal Sharma, Aged About 77 Years, R/o Village And Post Nisoora, Tehsil
[2025:RJ-JP:38806] (3 of 7) [CW-19765/2022] Todabheem, District Karauli Retired On 30.11.1999 From The Post of Mpw From O/o Block Chief Medical officer Todabheem, District Karauli. 17. Gulkandi Devi W/o Shri Ramji Lal Verma (Since Deceased), Aged About 75 Years, Retired On 31.3.1999 From The Post of Mpw From Phc Mahu Ibrahimpur, Tehsil Hindaun City, District Karauli R/o Behind Government Senior Secondary Mahu Ibrahimpur, Hindaun City, District Karauli. 18. Ram Khiladi S/o Shri Gilahrya, R/o Village Bas Morda, Tehsil Todabheem, District Karauli Retired On 2001 From The Post of MPW From O/o Block Chief Medical officer Todabheem, District Karauli. 19.
Mukut Bihari Pareek S/o Shri Ram Lal Pareek, Aged About 74 Years, R/o F-65, Lal Kothi Scheme, Tonk Road Jaipur
20. Yatendra Nath Chaturvedi S/o Shri Gauri Shankar Chaturvedi, Aged About 72 Years, R/o Chaubey Para Hindaun City, District Karauli Retired On 31.07.2010 From The Post of MPW From O/o Block Chief Medical officer Hindaun City, District Karauli. 21. Ashok Kumar Agrawal Legal Heir And S/o Shri Babu Lal Gupta, (Since Deceased On 29.06.2020) Retired From The Post of MPW R/o Village And Post Bhanakpura, Tehsil Todabheem District Karauli. 22. Hem Chand Pandey S/o Shri Nathu Lal Sharma, R/o Kheriya Marg, Tehsil Hindaun Jhandi Wali Kothi Hindaun City District Karauli Retired On 31.03.2001 From The Post of MPW From O/o Block Chief Medical officer Hindaun City, District Karauli. 23. Ramphool S/o Shri Shibbo Ram, Aged About 64 Years, R/o Village And Post Kotari, Tehsil Hindaun City, District Karauli Retired On 31.07.2018 From The Post of SMPW From O/o Block Chief Medical officer Reni, District Alwar. 24. Islamuddin Khan S/o Shri Yakub Khan, Aged About 79 Years, R/o Dungar Para Todabheem, District Karauli Retired On 31.07.2001 From The Post of Mpw From O/o Block Chief Medical officer Todabheem, District Karauli. ----Petitioners Versus
[2025:RJ-JP:38806] (4 of 7) [CW-19765/2022]
1. State of Rajasthan, Through Its Principal Secretary, Medical And Health Services, Rajasthan, Jaipur
2. Director, Medical And Health Services, Government of Rajasthan, Jaipur
3. Director, Pension Department, Jyoti Nagar, Jaipur
4. Chief Medical And Health officer, Karauli. 5. Chief Medical And Health officer, Dholpur, District Dholpur. 6. Chief Medical And Health officer, Alwar, District Alwar
7. Chief Medical And Health officer, Bharatpur, District Bharatpur. ----Respondents For Petitioner(s) : Mr. Vijay Pathak For Respondent(s) :
HON'BLE MR. JUSTICE MANEESH SHARMA
Order 20/09/2025
1.
Learned counsel for the petitioner states that the controversy involved in the instant writ petition is squarely covered by the
order dated 20.05.2013 passed by a Coordinate Bench of this Court at principal seat, Jodhpur in S.B. Civil Writ Petition No. 8309/2012 titled as Dadam Das Vaishnav Vs. State of Rajasthan & Ors. 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
[2025:RJ-JP:38806] (5 of 7) [CW-19765/2022] 13.3.2002 allowed pay-scale of Rs.3200-4900 as first selection grade w.e.f.19.2.2000. The grievance of the petitioner is that instead of the pay-scale of Rs.3200-4900, payscale 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 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 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 go 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.3200- 4900 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
[2025:RJ-JP:38806] (6 of 7) [CW-19765/2022] 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 deserved 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 terms of para-5 of the circulars dated 25.1.1992 and 17.2.1998. No orders as to costs.”
2. However, the learned counsel for the petitioner, upon instructions from his client, submitted that he would be satisfied if: the petitioner is permitted to file a representation before the respondent No.2-Director, Medical And Health Services, Government of Rajasthan, Jaipur encapsulating the grievance(s) raised in the present writ petition; and if a direction may be issued to respondent No.2 to decide the same in a time-bound manner in the light of the order passed by a Co-ordinate Bench of this Court at principal seat, Jodhpur in the matter of Dadam Das Vaishnav (Supra). 3. Heard and considered the submissions made at bar. 4.
Accordingly, the instant writ petition is disposed of requiring the petitioners to submit a detailed representation to the respondent No.2 for ventilating their grievances along with a copy of this order. Upon such representation being received, the respondent No.2 shall objectively consider and decide the same in light of ratio of the judgment rendered by this Court in Dadam Das Vaishnav (Supra) by a reasoned speaking order within a
[2025:RJ-JP:38806] (7 of 7) [CW-19765/2022] period of eight weeks from the date of receipt of such representation. 5. The order has been passed based on the submissions made in the petition, the respondent No.2 would be free to examine the veracity of the submissions made in the petition and only in case, the averments made therein are found to be correct, the petitioners would be entitled to the relief. 6. If after the disposal of the representation, any of the petitioner’s grievances still survive, he will be at liberty to take recourse to appropriate legal remedy. 7. All other pending application(s), if any, stand disposed of. (MANEESH SHARMA),J SOURAV /24