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2017 DIGILAW 2290 (RAJ)

Chanda Devi W/o Late Shri Om Prakash Saini v. State of Rajasthan Through Principal Secretary to Government, Medical & Health Department

2017-11-01

VEERENDR SINGH SIRADHANA

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ORDER : Veerendr Singh Siradhana, J. Learned counsel for the petitioner submits that identical controversy has already been considered and adjudicated upon by the Division Bench of this Court, at Principal Seat, Jodhpur, in a batch of intra-court appeals lead case being D.B Civil Special Appeal (Writ) No. 1068/2014: Govind Dan Charan v. State of Rajasthan, decided on 17th December, 2015. 2. It is further contended that a Coordinate Bench of this Court in S.B Civil Writ Petition No. 4083/2017: Prahlad Kumar Sen v. State of Rajasthan, in the presence of the counsel for the State-respondents, Mr. Sanjay Kumar Sharma, made an order on 23rd March, 2017. 3. Mr. Sanjay Kumar Sharma, Government Counsel, present in the Court, did not dispute the factual matrix of the case. 4. A Coordinate Bench of this Court in the case of Prahlad Kumar Sen (Supra) allowed the writ application of the petitioners therein, observing thus: “Mr. Sanjay Sharma, learned Addl. Government Counsel appearing for the respondents has very fairly submitted that the controversy raised in the present petition is no longer res integra and is squarely covered by the judgment rendered by the Single Judge at Principal Seat at Jodhpur, in the case of Dadam Das Vaishnav v. State of Rajasthan, SBCWP No. 8309/2012, decided on 20.5.2013 The learned Government Counsel further submitted that Division Bench of this Court in Govind Dan Charan v. State of Rajasthan, D.B Civil Special Appeal (Writ) No. 1068/2014, decided on 17.12.2015 along with six connected appeals, has also held that Malaria Surveillance Workers who were merged with cadre of Multipurpose Health Worker are entitled to grant of selection scale on completion of service after 9-18-27 years. In view of very fair stand taken by the learned counsel for the respondents, the present writ petition is allowed in terms of the order passed in Govind Dan Charan v. State of Rajasthan, D.B Civil Special Appeal (Writ) No. 1068/2014, decided on 17.12.2015” 5. In view of the above and the factual matrix not being disputed by the counsel for the State-respondents, the instant writ application stands allowed in terms of the order made in the case of Govind Dan Charan (supra) on 17th December, 2015.