HANUMAN SAHAY SAIN SON OF SHRI KANHAIYA LAL SAIN v. STATE OF RAJASTHAN
CW/5532/2023 · 2025-11-20
Ganesh Ram Meena
body2025
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[ 2025 DAILYLAW 46609 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46609 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:47222] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5484/2023
1. Radheyshyam Pareek Son Of Shri Badri Narayan Pareek, Aged About 69 Years, Resident Of Champeshawar Colony, Ward No. 30, Chaksu, District Jaipur (Raj.) (Since Deceased) Through Lrs.: 1/1.Sampati Devi Wife Of Late Shri Radheyshyam Pareek, Aged About 61 Years, Resident Of Champeshawar Colony, Ward No. 30, Of Chaksu, District Jaipur (Raj). 1/2.Umesh Pareek Son Of Late Radheyshyam Pareek, Aged About 42 Years, Resident Of Champeshwar Colony, Ward No. 30, Of Chaksu, District Jaipur (Raj). 2. Bhonri Lal Jat Son Of Shri Hajari Lal Jat, Aged About 81 Years, Resident Of Village Tehlada, Post Jatwada, Tehsil Bassi, District Jaipur (Raj.)
3. Mool Chand Sharma Son Of Shri Mahaveer Prasad Sharma, Aged About 75 Years, Resident Of Village And Post Khan Bhakri, Tehsil And District Dausa (Raj.)
4. Hari Shankar Sharma Son Of Shri Banshidhar Sharma, Aged About 69 Years, Resident Of Labiyan Ka Mohalla, Ward No. 09, Near Keshoraiji Temple, Chaksu, District Jaipur (Raj.)
5. Chhaju Lal Meena Son Of Shri Kheru Ram, Aged About 63 Years, Resident Of Dhani Khejrawali, Village Malihala, Post Baskhoh, Tehsil Bassi, District Jaipur (Raj.)
6. Hari Shankar Sharma Son Of Shri Badri Narayan Sharma, Aged About 68 Years, Resident Of Village And Post Lalgarh, Temple, Bassi, District Jaipur (Raj.)
7. Ramphool Meena Son Of Shri Kalyan Sahai Meena, Aged About 64 Years, Resident Of Village And Post Lalwas, Sarpanch Ki Dhani, Tehsil Jamwaramgarh, District Jaipur (Raj.)
8. Ramsahai Bairwa Son Of Shri Panchuram, Aged About 81 Years, Resident Of Village And Post Kotkhawada, Tehsil Kotkhawada, District Jaipur (Raj.)
9. Bajrang Lal Jain Son Of Shri Bhom Chand, Aged About 81 Years, Resident Of Ajayrapura Via Bagru, Tehsil Sanganer, District Jaipur (Raj.) ----Petitioners Versus
1. State Of Rajasthan, Through Its Principle Secretary To The Government, Medical Health Department, Govt. [2025:RJ-JP:47222] (2 of 4) [CW-5484/2023] Secretariat, Jaipur (Raj.)
2. Director, Directorate Of Medical Health, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur. 3. Additional Director (Administration), Directorate Of Medical Health, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur. ----Respondents Connected With S.B. Civil Writ Petition No. 5532/2023
1. Hanuman Sahay Sain Son Of Shri Kanhaiya Lal Sain, Aged About 68 Years, Resident Of Village And Post Banskhoh, Tehsil Bassi, District Jaipur (Raj.)
2.
Kanhaiya Lal Raigar Son Of Shri Ladu Ram Raigar, Aged About 65 Years, Resident Of Village Tholai, Tehsil Jamwaramgarh (Andhi), District Jaipur (Raj.)
3. Bhagwan Sahai Meena Son Of Shri Ram Narayan Meena, Aged About 62 Years, Resident Of Village Booj, Tehsil Jamwaramgarh, District Jaipur (Raj.)
4. Rajendra Singh Rajawat Son Of Shri Rood Singh Rajawat, Aged About 70 Years, Resident Of A-164, Devi Nagar, New Sanganer Road, Jaipur (Raj.)
5. Ramgopal Punjabi Son Of Shri Deen Dayal Punjabi, Aged About 76 Years, Resident Of Shanti Bhawan, Opposite Dr. Kaluram, Chauhan Mohalla, Dausa (Raj.)
6. Nawal Kishore Sharma Son Of Shri Hari Narayan Sharma, Aged About 82 Years, Resident Of Papadi Mohalla, Dausa (Raj.)
7. Mohan Lal Verma Son Of Shri Narsiram Verma, Aged About 66 Years, Resident Of 3-A, Krishan Nagar Extension, Kartarpura, Jaipur (Raj.) ----Petitioners Versus
1. State Of Rajasthan, Through Its Principle Secretary To The Government, Medical Health Department, Govt. Secretariat, Jaipur (Raj.)
2. Director, Directorate Of Medical Health, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur. 3. Additional Director (Administration), Directorate Of Medical Health, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur. ----Respondents S.B. Civil Writ Petition No. 18932/2022 Ishwar Lal Sharma S/o Shri Govind Ram Sharma, R/o Kishanmanpura Via Baghal, District Jaipur (Raj.) ----Petitioner Versus
[2025:RJ-JP:47222] (3 of 4) [CW-5484/2023]
1. State Of Rajasthan, Through Its Principal Secretary, Department Of Medical And Health, Secretariat, Jaipur (Raj.)
2. Director (Non Gazatted), Directorate, Medical And Health Services, Swasthya Bhawan, Tilak Marg, Jaipur Rajasthan
3. Chief Medical And Health Officer, Jaipur First, Jaipur, Mini Swasthya Bhawan , Sethi Colony, Jaipur (Raj.)
4. Medical Officer Incharge, Government Hospital, Shanti Nagar, Jaipur (Raj.) ----Respondents For Petitioner(s) : Mr. Narendra Kumar Mishra For Respondent(s) : Mr. Prakhar Jain for Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 20/11/2025
1. These writ petitions filed with common question of law,
disposed at this stage with consent of the counsels for the parties as Mr. Prakhar Jain on behalf of Mr. Archit Bohra, AGC puts in appearance on behalf of respondents in all the matters.
2. For ready reference, we are reproducing prayer of lead matter “Radheyshyam Pareek Son Of Shri Badri Narayan Pareek and Ors. Vs. State Of Rajasthan”, as under:
“It is, therefore, most respectfully prayed that your lordship may graciously be pleased to accept and allow this Writ petition and call for the entire record relating to the case and after examine the same (i). By an appropriate writ order and direction of mandamus or in the nature thereof the respondents may be directed to fix the petitioners in the pay scale of Rs. 4000-6000 and 5000-8000 as first selection grade on completion of their 9 and 18 years of service and further to allow the second and third selection grades in terms of and 17.02.1998 and pay the arrears with 18% interest thereon form the date of entitlement to the date of actual payment.
[2025:RJ-JP:47222] (4 of 4) [CW-5484/2023] (ii). Issue any other writ order or direction, which this Hon'ble Court deems fit and proper, may kindly be passed in favour of the petitioners. (iii).Cost of the writ petition be also awarded in favour of the petitioners.”
3.
Learned counsel for petitioners while referring and relying upon judgment dated 20.05.2012 in S.B. Civil Writ Petition No. 8309/2012 titled as “Dadam Das Vaishnav Vs. State of Rajasthan & Ors.” submits that the controversy and the issue raised herein is already settled by a Co-ordinate Bench of this Court, at Principal Seat, Jodhpur and these writ petitions be
disposed of in accordance with aforesaid order.
4. Aforementioned ratio in case of Dadam Das Vaishnav (supra) is upheld by the Supreme Court of India. On the basis of ratio in case of Dadam Das Vaishnav (supra), a Co-ordinate Bench has also allowed a S.B. Civil Writ Petition No. 10874/2018 Chananmal & Ors. Vs. State of Rajasthan & Ors. decided on 02.12.2019.
5. Having considered the submissions of learned counsel for parties and also material placed on record, these writ petitions are allowed and disposed of in light of ratio laid down in case of Dadam Das Vaishnav (supra), if applicable upon facts as mentioned in the petitions.
6. In view of aforesaid, the instant writ petition stands disposed of with misc. application, if any.
(ASHOK KUMAR JAIN),J CHETNA BEHRANI /142-144