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2023 Supreme(Raj) 276
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, J.
Bhanwar Singh and Anr. - Petitioners
Versus
State and Ors. - Respondents
S.B. Civil Writ Petition No. 10333 of 2015
Decided On : 30-01-2023
For the Petitioner: Mr. Yashpal Khilree.
For the Respondent: Ms. Vandana Bhansali, AGC with Mrs. Anamika Bishnoi.
Point of law: Court finds that the three months training was made mandatory for the personnel serving in the medical department, as mentioned in the aforementioned order, and order issued by the respondents is justified in law.
Headnote:
Constitution of India,1950 - Article 226 - Civil Services - Medical and Health Services - Cholera Worker - Posts of Superior Field Worker - Petitioners are that petitioners initially entered service of respondent-Department as field worker on regular basis where upon acquiring requisite eligibility they were appointed on post of Superior Field Worker - Court finds that the three months training was made mandatory for the personnel serving in the medical department, as mentioned in the aforementioned order, and thus, the order issued by the respondents is justified in law. (Para 9).
Finding of Court:
This Court finds that the judgment rendered in case of while order was issued by Department of Personnel directing that all the Superior Field Workers Field Workers and Cholera Workers who were appointed in Department are required to undertake three months necessary training who thereafter would become eligible for pay scale as mentioned in said order.
Result: Petition is Dismissed.
JUDGMENT :
1. This civil writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs :
“(a) a writ, order or direction in the appropriate nature may kindly be issued in favour of the petitioners and the respondents may be directed to make the pay fixation of the petitioners in the grade pay of Rs.4200/- in the running pay band of Rs.9300-34800 w.e.f. 01.09.2006, and to revise the salary/pension of the petitioners accordingly as per the revised pay scale Rules amended from time to time without any delay with all consequential benefits;
(b) That the respondents may further be directed to grant the benefit of grade pay of ACP correctly in accordance with the Memorandum dated 05.07.2013 issued under the Rajasthan Civil Services (Revised Pay Scale) Rules, 2008 and amendments from time to time;
(c) That the respondents may further be directed to pay the due arrears to the petitioners on account of delay along with simple interest at the rate of Rs.18% per annum.
(d) by an appropriate writ, order or direction be pleased to declare the office order Annex.17 dated 26.08.2013 unjust, arbitrary & illegal and same may kindly be quashed and set aside to the extent of the petitioners;
(e) That any other order or direction which this Hon’ble Court deem fit and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners.”
2. Brief facts of the case, as placed before this Court by learned counsel for the petitioners, are that the petitioners initially entered the service of the respondent-Department as field worker on regular basis; whereafter, upon acquiring the requisite eligibility, they were appointed on the post of Superior Field Worker. The petitioners had joined their duties on the said post on 12.06.1973 and 07.11.1978 respectively. The petitioners were confirmed on the post of Superior Field Worker on 19.03.1986 and 24.11.1984 respectively. Thereafter, the respondents vide order dated 02.01.1992, amalgamated the posts of the Superior Field Worker, Field Worker, and Cholera Worker and re-designated the same as ‘Health Worker’.
2.1. Thereafter, a circular dated 03.09.1996 was issued by the Joint Director, Medical and Health Officer (Malaria), Jodhpur as well as the Joint Director, Medical and Health Services, Jaipur Zone, Jaipur, in pursuance of the State Government’s order dated 30.11.1994, directing that all the Superior Field Workers, Field Workers and Cholera Workers, who were amalgamated as above, are required to complete the three months necessary training. Furthermore, the said circular says, that the persons, who have completed such training, shall be granted the pay scale of Rs.950-1680 as Health Workers, w.e.f. 02.01.1992.
2.2. As per the Rajasthan Civil Services (Revised Pay Scale) Rules, 2008, the pay scale of the petitioners was revised and fixation of their pay was made in the pay band of Rs.9300-34800 with a grade pay of Rs.4200, but vide order dated 26.08.2013, the grade pay was reduced to Rs.3600/-. The respondents vide office order dated 13.07.2015 sanctioned the increase in the annual grade increments for the petitioners and other Heath Workers and again petitioners were granted the pay grade of Rs.3600/-, instead of Rs.4200/-, whereas grade of Rs.4200/- has been accorded to certain other health workers, despite the petitioners being senior to them.
3. Learned counsel for the petitioners further submitted that a great financial loss is being caused to the petitioners, on count of the aforementioned inaction on the part of the respondents; the grade pay of the petitioners was reduced from 4200/- to 3600/- without any opportunity of hearing them.
4. Learned counsel for petitioners further submitted that the Superior Field Workers should be placed at a higher pedestal than that of the Field Workers and they should be given pay scale of Rs. 730-1250. In support of such submission, learned counsel placed reliance on the judgment rendered by a c
