[2026:RJ-JP:3923] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3372/2008 Vishmbhar Dayal Sharma (Supervisor) S/o Shri Moolchand Sharma, aged about 54 years, R/o VPO Samleti, Tehsil Mahuwa, Distt. Dausa (Died). 1/1. Smt. Sanjha Devi W/o Late Shri Visambhar Dayal Sharma, aged about 55 years, R/o Village Samleti, Tehsil, Mahuwa, District Dausa. ----Petitioner Versus 1. The Secretary, Public Works Department, State Of Rajasthan, Secretariat, Jaipur. 2. The Chief Engineer, Public Works Department (B&R), Rajasthan, Jaipur. 3. The Additional Chief Engineer, Public Works Department, Zone-II, Jaipur. 4. The Executive Engineer, Public Works Department (B&R), Division-Mahuwa, Distt. Dausa. ----Respondents Connected With S.B. Civil Writ Petition No. 3367/2008 Radhey Shayam Sharma (Supervisor) S/o Shri Laturram Sharma, aged about 56 years, R/o Near Jain Mandir Mahuwa, Distt. Dausa At Present Working In The Office Of Assistant Engineer P.W.D. (B&R) Sub Division Mahuwa Distt. Dausa. ----Petitioner Versus 1. The Secretary, Public Works Department, State Of Rajasthan, Secretariat, Jaipur 2. The Chief Engineer, Public Works Department Bandr, Rajasthan, Jaipur 3. The Additional Chief Engineer, Public Works Department, Zone-II, Jaipur. 4. The Executive Engineer, Public Works Department, Bandr Division-, Mahuwa, Distt. Dausa. ----Respondents [2026:RJ-JP:3923] (2 of 5) [CW-3372/2008] For Petitioner(s) : Mr. Rajeev Sogarwal, Adv. with Mr. Sahil Hussain, Adv. For Respondent(s) : Mr. Dheeraj Tripathi, AGC HON'BLE MR. JUSTICE ANAND SHARMA Judgment 28/01/2026 1. Facts, controversy and cause of action in both the above writ petitions are almost similar, therefore, with the consent of learned counsel for the parties, they were heard together and are being decided by this common order. 2. For the sake of convenience facts stated in S.B. Civil Writ Petition No. 3372/2008 are being taken into consideration. 3. It is submitted that the petitioner was appointed as Munshi under the Rajasthan P.W.D. (B&R) including Gardens, Irrigation, Land Development (Programme) Circle C.A.D. Chambal Department Kota (including its Divisions/sub-divisions) Water Works, Ayurvedic and Forest Department (excluding Departmental Operation Circle) Work-charged Employees Service Rules, 1964 (for short ‘the Rules of 1964’) on 03.05.1972 and thereafter, he was assigned semi permanent status w.e.f. 02.05.1974 by issuing an order dated 03.03.1975. Later on, he was also accorded permanent status vide order dated 10.01.1986 w.e.f. 01.04.1985. Further, he was promoted on the post of Senior Munshi (Supervisor) by virtue of granting first promotion. 4. Learned counsel for the petitioner submits that the State Government issued circulars for granting selection grade to the employees on completion of 9, 18 and 27 years of service and [2026:RJ-JP:3923] (3 of 5) [CW-3372/2008] on 30.12.2006 benefit of selection grade was granted to similarly situated employee Shri Uma Shankar Sharma in compliance of judgment dated 25.01.2006 passed by this Court in S.B. Civil Writ Petition No.358/2005. Judgment delivered by the Single Bench was also challenged by the respondents by way of filing D.B. Special Appeal (Writ) No.57/2007, yet the same was dismissed on 14.02.2008. Thereafter, Shri Uma Shankar Sharma, who was holding the similar post of Supervisor as the petitioner was granted benefit of second selection grade in the pay scale of Rs.5500-9000 and third selection grade in the pay scale of Rs.6500-10500. 5. Grievance of the petitioners is that although, they have also been granted benefit of second and third selection grade, yet the benefit has been granted in lower pay scale of Rs.5000-8000 and 5500-9000, which is much lesser than the benefit granted to similarly situated person Shri Uma Shankar Sharma. Hence, the petitioners prayed for granting second selection grade in the pay scale of Rs.5500-9000 and third selection grade in the pay scale of Rs.6500-10500. 6. Learned counsel for the respondents vehemently opposed the writ petitions and submitted that as per the prevailing pay scale, petitioners were rightly granted second selection grade in the pay scale of Rs.5000-8000 and third selection grade in the pay scale of Rs.5500-9000. It is further submitted that so far as Shri Uma Shankar Sharma is concerned, he has been granted the benefit of higher pay scale of Rs.5500-9000 and 6500-10500, only in compliance of judgment dated 25.01.2006, upheld by Division Bench on 14.02.2008. He further submits that merely for the [2026:RJ-JP:3923] (4 of 5) [CW-3372/2008] reason that some other person has been granted benefit by virtue of judgment of this Court, petitioners cannot seek the similar relief and they can claim their rights as per the pay scale Rules prevailing at the relevant time and as per the Rules, the petitioners have rightly been granted benefit of selection grade. 7. Heard learned counsel for the parties and perused the record. 8. During the pendency of this writ petition vide order dated 19.01.2026, this Court put a specific query to learned Government Counsel to apprise the Court as to whether Shri Uma Shankar Sharma was holding the similar post of Supervisor or not. Learned Government Counsel, on instructions, fairly informed the Court that post of Shri Uma Shankar Sharma was similar to the post which was being held by the petitioners. 9. This Court also examined the order dated 25.01.2006 passed by the Co-ordinate Bench of this Court in S.B. Civil Writ Petition No.358/2005 (Uma Shankar Sharma Vs. State) and found that this Court directed the respondents to grant benefit of second and third selection grade in terms of order dated 25.01.1992, reviewed on 20.09.1995 by the State Government. The Special Appeal filed by the respondents came to be dismissed vide order dated 14.02.2008. 10. Thus, bare perusal of order passed by learned Single Judge and even by the Division Bench would make it clear that in the writ petition filed by Shri Uma Shankar Sharma, this Court simply directed the respondents to consider the his case for grant of selection grade. There was no direction whatsoever by this Court for granting them selection grade in a particular pay scale. [2026:RJ-JP:3923] (5 of 5) [CW-3372/2008] 11. Thereafter, in compliance of the order passed by this Court in the case of Uma Shankar Sharma, the respondents at their own granted benefit of second selection grade to Shri Uma Shankar Sharma in the pay scale of Rs.5500-9000 and third selection grade in the pay scale of Rs.6500-10500, presumably by applying the pay scale Rules prevailing at the relevant time. 12. No cogent reason has been put forward by the respondents for denying the same benefits to the petitioner. It is settled proposition of law that similarly situated persons are entitled for similar benefit and two different yardsticks cannot be adopted for measuring the benefits of the employees of same cadre holding the same post. 13. Under these circumstances, these writ petitions filed by the petitioners deserve to be allowed. The order dated 12.09.2007 passed by the respondents is modified to the extent that the petitioners shall be entitled for second selection grade in the pay scale of Rs.5500-9000 and third selection grade in the pay scale of Rs.6500-10500. Arrears of difference of pay and other consequential benefits shall also be sanctioned and released to the petitioners. 14. Necessary exercise shall be carried out within a period of 60 days from the date of receipt of copy of this order. 15. Writ Petitions stand allowed accordingly. 16. Pending application(s), if any, stand(s) disposed of. (ANAND SHARMA),J Jatin /44-45