BIRBAL SON OF LATE SHRI BHAGU RAM v. STATE OF RAJASTHAN
CW/18421/2025 · 2025-12-02
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40373 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40373 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:49155] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18421/2025 Birbal Son Of Late Shri Bhagu Ram, Aged About 65 Years, Resident Of Village Khariya, Post Dokan, Tehsil Patan, District Sikar (Raj.) ----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, Irrigation Department, Government Of Rajasthan Secretariat, Jaipur, Rajasthan
2. The Principal Secretary, Water Resources Department, Government Of Rajasthan Secretariat, Jaipur, Rajasthan.
3. The Chief Engineer Water Resources Department, Jaipur, Rajasthan.
4. The Additional Chief Engineer, Water Resources Department, Malviya Nagar, Jaipur, Rajasthan.
5. The Superintending Engineer, Water Resources Department, Malviya Nagar, Jaipur, Rajasthan.
6. The Executive Engineer, Water Resources, Division Sikar, District Sikar, Rajasthan
7. The Assistant Engineer, Water Resources, Sub Division, Neem Ka Thana, District Sikar, Rajasthan. ----Respondents For Petitioner(s) : Mr. Sunil Kumar Saini For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 02/12/2025
1. Instant writ petition has been filed by the petitioner with following prayer:
“It is, therefore, most respectfully prayed that your lordship may graciously be pleased to admit and allow this Writ petition and
[2025:RJ-JP:49155] (2 of 3) [CW-18421/2025] (i) Directed to respondents for provide selection grades to petitioner on the promotional post of work supervisor Gr-I on the same terms as granted to the Mate
of
IGNP
department. (ii) Issue a writ order or direction in the nature thereof thereby direct the respondents to solve the pay anomaly and fix the pay of petitioner from the date
of
its
entitlement and pay the arrears with interest 18% p.a. thereof since the date of its entitlement in the larger interest of justice. (iii). Issue any other writ order or direction, which this Hon'ble Court deems fit and proper, may kindly be passed in favour
of
the
petitioner. (iv) Cost of writ petition also may kindly be awarded in favour of petitioner.”
2.
Learned counsel for petitioner while referring order dated 12.07.2025 in S.B. Civil Writ Petition No. 12826/2025 Devi Lal & Ors. Vs. State of Rajasthan & Ors., wherein reliance is placed upon order dated 05.12.2022 in case of Harphool Singh & Anr. Vs. State of Rajasthan & Ors; S.B. Civil Writ Petition No. 13130/2016 submitted that the writ petition be disposed of in light of judgment as referred by him as the controversy raised in this writ petition is already settled.
3. Considering the limited prayer of the petitioner, the present writ petition is disposed of with the liberty to the petitioner to file a representation before the respondents in light of the judgment rendered by this Court in case of Harphool Singh & Anr. (supra) and the respondents are directed to decide the same expeditiously preferably within a period of six weeks from the date of receipt of such representation.
4. It is made clear that the present writ petition is disposed of in view of the submissions made by learned counsel for the
[2025:RJ-JP:49155] (3 of 3) [CW-18421/2025] petitioner and this court has not passed any order on merit, therefore, the respondents shall examine the representation and if the petitioner’s case is covered by a judgment rendered by this Court in Harphool Singh & Anr. (supra), the same benefit may be extended to him. If the case of the petitioner is not similar to the one which has been decided by this Court in Harphool Singh & Anr. (supra), the respondents will be free to pass a reasoned and speaking order. If the petitioner is still aggrieved, he has a liberty to approach this Court with fresh petition.
6. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J PREETI VALECHA /179