S.B.Civil Writ Petition No.1385/2009 Lohare Lal Sharma & Ors. Vs. State of Rajasthan & Ors. S.B.Civil Writ Petition No.13662/2008 Kailash Chand Jain & Ors. Vs. State of Rajasthan & Ors. S.B.Civil Writ Petition No.14261/2008 Ram Dayal Gupta & Ors. Vs. State of Rajasthan & Ors. Date of order : 09.02.2009 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr. V.B.Srivastava for petitioners. Mr. Hemant Mathur, Dy. Govt. Counsel for State. Issue notice to the respondents. Mr. Hemant Mathur, Dy. Government Counsel is directed to accept the notice on behalf of the respondents. Counsel for the petitioners submits that the controversy raised in these writ petitions is squarely covered by the judgment of this Court dated 18.08.2008 in S.B.Civil Writ Petition No. 7245/2005 titled as Durga Singh Chouhan & Ors. Vs. State & Ors. The relevant part of the judgment is as follows :- “5). Upon consideration of the arguments aforesaid and perusal of the documents forming part of the record, especially, the order of the government dated 30/1/1995 and the Circular dated 24/5/2000, it is clear that Circular dated 30/1/1995 was issued by the government according to which, the period of service rendered by the petitioners as Auxiliary Health Worker is not excluded for the purpose of calculating the requisite period of 9,18 and 27 years of service. It was in that context that the said circular was issued. The Circular dated 24/5/2000 was issued by the Directorate of Medical & Health Department on the basis of notification of the government dated 19/9/1998 by which the scale payable on completion of 27 years of service to Male Nurse Grade-II who completed 27 years of service before 1/9/1998 was changed from 6500-10500 to 7500- 12000. The true facts as asserted by the petitioners and not controverted by the respondents are that petitioners were appointed as Male Nurse Grade-II and they have also completed 27 years of service before 1/9/1998 and that they have been absorbed in that cadre, that is why, petitioners are claiming this benefit w.le.f. 1/9/1998. The respondents are not contesting the fact that similarly situated persons like one Shri Ramesh Chandra Sharma as per order of the Deputy Chief Medical & Health Officer Division Bandikui and Abdul Maziz as per order of the Deputy Chief Medical & Health Officer Sub Division Kishangarh, Ajmer who have also been granted the benefit of scale of 7500-12000 on completion of 27 years of service. 6).In view of above, the action of the respondents in not granting the benefit of selection scale of pay of 7500-12000 upon completion of 27 years of service to the petitioners, is held to be not only arbitrary and illegal but also discriminatory. The petitioners have made out a case for issuing a mandamus to the respondents in the terms as prayed for. In the result, the writ petition succeeds and is accordingly allowed. The respondents are directed to grant all benefits of Selection Scale of 7500-12000 to each of the petitioners having been completed 27 years of service on or before 1/9/1998 in the pay scale of 6500- 10500 as per the government notification dated 19/9/1998 as well as Circular of the government dated 24/5/2000.” Counsel for the State does not dispute the aforesaid judgment. Accordingly, the writ petitions are allowed in terms of the aforesaid judgment and the petitioners will also entitle for the same benefit from the same date. (PREM SHANKER ASOPA),J. Gandhi