HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4380 / 2017 1. Rajkumar S/o Bhanwarlal, Aged About 35 Years, Nrodara Tehsil Laxmangarh District- Sikar (Raj.) Working At Community Health Centre Pushkar, District- Ajmer (Raj.) As a Computer Operator (Drug Warehouse) 2. Jitendra Kumar Saini S/o Chiranji Lal Saini, Aged About 40 Years, Ward No. 38, Lal Singh Colony, Radhakishanpura, DistrictSikar (Raj.) Working At Office of PHC, Mehroli, District-Sikar (Raj.) As a PHS ASHA Supervisor 3. Nanuram Jat S/o Khinwaram Jat, Aged About 30 Years, Bhawandesar Tehsil-Ratangarh District- Churu (Raj.) Working At Office of BCMO, Neem Ka Thana District- Sikar (Raj.) As a Data Entry Operator 4. Deepmala Runwal D/o Nirmal Kumar Runwal, Aged About 30 Years, Plot No. 128, BK Colnagar, Faisagar Road, Ajmer DistrictAjmer (Raj.) Working At Government District Satellite Hospital, Adarsh Nagar, Ajmer (Raj.) As a Computer Operator (Drug Warehouse) 5. Sunil Chouhan S/o Amar Chand Chouhan, Aged About 32 Years, 673/29, Behind Mayo College, Geholoto Ki Doongari Ajmer District- Ajmer (Raj.) Working At Community Health Centre Arain, District- Ajmer As a Computer Operator (Drug Warehouse) 6. Mukesh Kumawat S/o Murlidhar Kumawat, Aged About 36 Years, Near Railway B-Cabin, Deep Nagar, Ringas TehsilShrimadhopur District- Sikar (Raj.) Working At Community Health Centre Bhinai, District- Ajmer As a Computer Operator (Drug Warehouse) 7. Ajeet Singh S/o Babu Singh,, Aged About 40 Years, Kekri Tehsil Kekri District - Ajmer (Raj.) Working At Principal Medical Officer, Kekri, District - Ajmer As a Computer Operator (Drug Warehouse) 8. Ravi Prakash Nainpuriya S/o Chandra Prakash Nainpuriya,, Aged About 36 Years, House No. 379/28, Near Post Office Bhajanganj Tehsil & District - Ajmer (Raj.) Working At Community Health Centre Jawaja, District - Ajmer As a Computer Operator (Drug Warehouse) 9. Deepak Sen S/o Chandrashekhar Sen,, Aged About 38 Years, Kishangarh District - Ajmer Working At Principal Medical Officer, Kishangarh District - Ajmer As a Computer Operator (Drug Warehouse) 10. Ramratan S/o Babu Lal Borana,, Aged About 33 Years, Near Gayatri Mandir Merta City District - Nagour (Raj.) Working At Community Health Centre Merta City, District - Nagour, As a

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Computer

Operator

(Drug

Warehouse)

11. Dinesh Chand Sharma S/o Dallu Ram Sharma,, Aged About 35 Years, Mali Mohalla Rajgarh Tehsil - Rajgarh, District - Alwar (Raj.) Working At Community Health Centre Rajgarh, District - Alwar, As a Computer Operator (Drug Warehouse) 12. Sanjay Kumar Sharma S/o Rameshwar Prasad Sharma,, Aged About 38 Years, Dausa District - Dausa (Raj.) Working At CM & HO, Dausa, As a Computer Operator (Drug Warehouse) 13. Rajendra Singh Parmar S/o Jabbar Singh, Aged About 30 Years, Working At Office B.C.M.O. Bhinmal, District Jalore (Raj.) As a Block Data Entry Operator 14. Javed Akhetar S/o Rashid Kha, Aged About 36 Years, Jalore District- Jalore (Raj.) Working At Office CM & HO. Jalore, DistrictJalore (Raj.) As a Data Entry Operator 15. Nitin Vaishnav S/o Govind Prasad Vaishnav, Aged About 31 Years, Working At Office B.C.M.O. Raniwada, District Jalore (Raj.) As a Block Data Entry Operator 16. Mukesh Kumar Lohar S/o Sampat Raj Johar, Aged About 40 Years, Raveev Colony, Bijainagar, Working At Government Hospital, Bijainagar District- Ajmer (Raj.) As a Computer Operator (Drug Warehouse) 17. Prahladram S/o Nundaram, Aged About 39 Years, Basri Kalan (Jeenmata) Post Kochhor Tehsil- Dataramgarh District- Sikar (raj.) Working At Community Health Centre Roopangarh, District- Ajmer As a Computer Operator (Drug Warehouse) 18. Manoj Kumar Jangir S/o Onkar Mal Jangir, Aged About 37 Years, Village- Kolida Tehsil & District- Sikar (Raj.) Working At Office of Block C.M.O. Danta, District- Sikar (Raj.) As a Data Entry Operator 19. Inder Prakash Saini S/o Kurda Ram Saini, Aged About 37 Years, Ward No. 17, Rani Sati Mandir Marg, Near Rajasthan Hostel, Pilani District-Jhunjhunu (Raj.) Working At Office of CM & HO, Sikar, District Sikar (Raj.) As a Data Entry Operator 20. Gajanand Garhwal S/o Rajmal Garhwal, Aged About 37 Years, Ward No. 08 Near Referral Hospital, Danta Tehsil- Dantaramgarh, District Sikar (Raj.) Working At Office Community Health Centre Losl, District- Sikar As a Computer Operator (Drug Warehouse) 21. Manish Kumar Sharma S/o Bajrang Lal, Aged About 35 Years, Village-Palri Tehsil Laxmangarh District- Sikar (Raj.) Working At Office of PHC, Chala, District Sikar (Raj.) As a PHC ASHA Supervisor 22. Ganesh Narayan Kasara S/o Madan Lal Kasara, Aged About 37

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Years, Ward No. 29, Gulmandi, Bhomiya Ki Gali, Bhilwara DistrictBhilwara (Raj.) Working At Office of CHC, Suwana, DistrictBhilwara (Raj.) As a Accountant. 23. Mohan Lal S/o Sarji Lal, Aged About 31 Years, C-13, Resedential Colony RIICO, Udyog Vihar, Sriganganagar (Raj.) Working At COMMUNITY HEALTH CENTRE , Sadulshahar District Sri Ganganagar (Raj.) As a Computer Operator (Drug Warehouse) 24. Narendra Kumar Sharma S/o Raghunandan Sharma, Aged About 40 Years, Behind Akashwani Subash Colony, Virat Nagar Swaimadhopur (Raj) Working At COMMUNITY HEALTH CENTER Khandar, District- Swaimadhopur As a Computer Operator (Drug Warehouse) 25. Jitenra Kumar Jamini S/o Ramprasad Sharma, Aged About 39 Years, 90 Rajnagar Swaimahopur (Raj) Working At Additional CM & HO (FW) Swaimadhopur District-swaimadhopur As a Data Entry Operator (Drug Warehouse) 26. Rambabu Sharma S/o Late Ramesh Chandra Sharma, Aged About 36 Years, Opposite Hanuman Ji Vedh, City Swaimahopur (Raj.) Working At Office of BCMO, Khandar, District Swaimadhopur (Raj.) As a Accountant. 27. Nagendra Kumar Sharma S/o Ramprasad Sharma, Aged About 39 Years, Raj Nagar Colony, Bajriya Swaimahopur (Raj.) Working At Office of Primary Health Centre, Kundera District Swaimadhopur (Raj.) As a Accountant. 28. Subhash Chander S/o Chhote Lal, Aged About 42 Years, Gokalgarh Tehsil - Rewari State Haryana Working At Office of BCMO, Navalgarh District - Jhunjhunu (Raj.) As a Data Entry Operator ----Petitioners Versus 1. State of Rajasthan Through Secretary to the Government, Department of Medical & Health, Government of Rajasthan,, Secretariat, Jaipur. 2. The Director (R.C.H.), Medical & Health Services, Rajasthan,, Jaipur. 3. The Managing Director, National Health Mission (NHM), Directorate of Medical, Health and Family Welfare Services,, Swasthya Bhawan, Tilak Margh, Jaipur (Raj.) 4. The Project Director, National Health Mission (NHM), Directorate of Medical, Health and Family Welfare Services,, Swasthya Bhawan, Tilak Margh, Jaipur (Raj.) ----Respondents

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_____________________________________________________ For Petitioner(s)

: Mr. Dharmendra Sharma

For Respondent(s) : Mr. Sanjay Kumar Sharma, G.C. _____________________________________________________ HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA Order 03/04/2017 Learned counsel for the parties are not in dispute on the factual matrix that the controversy raised in the instant writ application stands resolved in view of the adjudication in the case of Anand Purohit & Ors. Versus State & Ors.: S.B. Civil Writ Petition No.8988/2014. It is further informed that an intra-court appeal against the opinion of the learned Single Judge was also declined in D.B. Special Appeal Writ No.854/2016 (State & Ors. Versus Madhusudan Vyas & Ors.), and other analogous matters. Referring to another writ petition i.e. S.B. Civil Writ Petition No.571/2017: Yogesh Singh Rathore & Ors. Versus State of Rajasthan & Ors., and analogous matter, adjudicated by a Coordinate Bench of this Court, at Principal Seat, Jodhpur, on 22 nd March, 2017, learned counsel would submit that a direction has been issued to the State-respondents to revise the remuneration of the petitioners therein within a period of three months from the receipt of the certified copy of the order dated 22 nd March, 2017, and to release the arrears found due. Failure to comply with the direction would carry an interest @ 6% on the amount due till the date of payment. In view of the undeniable factual matrix as stated herein above; the instant writ application stands disposed off in terms of

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the order in the case of Anand Purohit & Ors. (supra). The respondents are directed to consider the claim of the petitioners for increment as per Clause-15 of the agreement(s) and to revise the remuneration of the petitioners as has been done vide order dated 10th December, 2010. As a consequence of re-fixation of the remuneration and increment; amount due, if any, shall be released as expeditiously as possible; however, in no case later than two months from the date a certified copy of this order is presented. Failure to comply with the directions, as indicated above, would saddle the State-respondents with interest @ 6% on the amount due that may become payable to the petitioners. Recovery, if any, effected from the petitioners is hereby quashed and the amount recovered shall be refunded to the petitioners within three months from the date a certified copy of this order is presented. Stay application stands closed.

(VEERENDR SINGH SIRADHANA)J. Ashu/132