Rajasthan High Court - Jodhpur
Harphool Singh And Anr vs State And Ors on 5 December, 2022
Author: Rekha Borana
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 13130/2016
1. Harphool Singh S/o Shri Bohit Ram, Irrigation Collony
Bhadra, District- Hanumangarh
2. Praveen Kumar S/o Shri Roshan Lal, Irrigation Collony
Bhadra, District- Hanumangarh
----Petitioners
Versus
1. State Of Rajasthan through the Secretary, Water
Resources Department, Rajasthan, Jaipur
2. Joint Secretary, Finance Rules Department of Finance,
Govt. of Rajasthan, Secretariat, Jaipur
3. Chief Engineer, Water Resources Department, Rajasthan,
Jaipur
4. The Chief Engineer, Water Resources North,
Hanumangarh Junction
5. Executive Engineer, Water Resources, Division Bhadra,
District- Hanumangarh
6. Assistant Engineer, Water Resources, Sub-Division Appu,
District- Hanumangarh
7. The Assistant Engineer, Water Resources, Sub-Division
Sidhmukh First, Bhadra, District- Hanumangarh
----Respondents
Connected With
S.B. Civil Writ Petition No. 4566/2016
1. Shree Ram S/o Shri Ganpat Ram, by caste Jat, aged about
47 years, resident of Bheri Bhajangarh (Dhinwa Ki Dhani),
via Kudan, Tehsil & District Sikar.
2. Sona Ram S/o Shri Badri Ram, by caste Meghwal, aged
about 53 years, resident of village Burcha, Tehsil
Bhopalgarh, District Jodhpur.
3. Babulal S/o Shri Budha Ram, by caste Gurjar, aged about
55 years, resident of village Burcha, Tehsil Bhopalgarh,
District Jodhpur.
4. Bajranglal S/o Shri Padma Ram, by caste Brahmin, aged
about 53 years, resident of village Dantore, Tehsil
Khajuwala, District Bikaner.
----Petitioners
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(2 of 7) [CW-13130/2016]
Versus
1. State of Rajasthan through the Secretary, Water Resources
Department, Rajasthan Jaipur.
2. Joint Secretary, Finance Rules Department of Finance,
Govt. of Rajasthan, Secretariat, Jaipur
3. Chief Engineer, Water Resources (North), Hanumangarh
Junction.
4. Executive Engineer, Water Resources, Division Khajuwala,
District Bikaner.
5. Assistant Engineer, Water Resources, Sub-Division
Khajuwala, District Bikaner.
----Respondents
For Petitioner(s) : Mr. Vikas Bijarnia
For Respondent(s) : Ms. Abhilasha Bora, AGC
HON'BLE MS. JUSTICE REKHA BORANA
Order 05/12/2022 The present writ petitions have been filed with a prayer for grant of benefit of promotion post for selection grades on completion of 9, 18 & 27 years of service.
The facts of the case are that the petitioners had been employed with IGNP and were working as 'Mate'. Their services were regularised w.e.f. 01.01.1998 as 'Mate'. In the year 2011, there was a bifurcation of IGNP and a department/branch named as 'Water Resources' pertaining to the Feeder Canal was created. In the same year, the services of the petitioners were transferred to the Water Resources Department and they continued to serve with the Water Resources Department.
Prior to that, vide order dated 17.02.1995, the work charged cadre was declared as dying cadre therefore, all the vacant posts (Downloaded on 07/12/2022 at 12:16:22 AM) (3 of 7) [CW-13130/2016] were abolished. Because of the same, no promotional post for 'Mate' remained in existence. To remove the anomaly, vide circular/order dated 25.04.2012 issued by the Finance Department of the State, it was directed that the posts of Mate and Work Supervisor Gr.II shall be treated as equal and interchangeable. It was further directed that the Mate would be entitled to next selection grade in the pay scale of 3050-4590 (6) of the post of Work Supervisor Gr.I which is admissible to the Work Supervisor Gr.II. The said circular/order was made effective from 01.01.1998. Admittedly, the benefits arising out of the said order were granted to all the employees of the IGNP. However, as the petitioners had been transferred to the Water Resources Department in the year 2011, they were not held entitled to be governed by the order dated 25.04.2012. Aggrieved against the said action, the present writ petitions have been preferred.
Learned counsel for the petitioners submitted that the order dated 25.04.2012 had been made effective from 01.01.1998 and on that date, i.e. 01.01.1998, the petitioners were very well the employees of the IGNP and therefore, the petitioners were also entitled for the benefits arising out of the order dated 25.04.2012. He further submitted that the whole basis of the order dated 25.04.2012 was the earlier orders dated 17.02.1995 and 20.09.1995 issued by the State Department whereby the Work Charged Service Rules, 1964 had been repealed and work charged cadre had been declared as dying cadre. Therefore, the reason for issuance of the order dated 25.04.2012 is very much applicable to the present petitioners too and mere their transfer from IGNP to the Water Resources Department would not take away their rights (Downloaded on 07/12/2022 at 12:16:22 AM) (4 of 7) [CW-13130/2016] accrued w.e.f. 01.01.1998 by virtue of the order dated 25.04.2012.
Per contra, learned counsel for the respondents submitted that a bare reading of the order dated 25.04.2012 itself makes it clear that the same has been issued only for the employees of IGNP and therefore, cannot be held to be applicable to the present petitioners who had been transferred to the Water Resources Department prior to the coming into existence of the order dated 25.04.2012. She further submitted that the issue was even referred to the higher authorities and vide clarification dated 20.05.2016 issued by the Joint Secretary, II, FD (Rules), it was clarified that the order dated 25.04.2012 is not applicable to the Work Charged Mate of Water Resources Department. She therefore, submitted that after clarification dated 20.05.2016, the position is clear and the petitioners having not challenged the said clarification, cannot be held to be entitled for the relief as prayed for.
Heard learned counsel for the parties and perused the material available on record.
It is an admitted position that the petitioners were originally the employees of the IGNP Department and were regularised w.e.f. 01.01.1998 while in service with the IGNP Department. The logic and reasoning behind the issuance of the order dated 25.04.2012 is that because of the Work Charged cadre being declared as dying cadre, the Mate working with the IGNP Department could not have been granted promotion on the next promotional post and therefore they were held entitled to be promoted as Work Supervisor Gr.I and to be entitled to the grade pay payable to Work Supervisor Gr.I. The same was for the reason (Downloaded on 07/12/2022 at 12:16:22 AM) (5 of 7) [CW-13130/2016] that the Mate and the Work Supervisor Gr.II were declared to be the equivalent post and the promotional post of Work Supervisor Gr.II was Work Supervisor Gr.I. The order dated 25.04.2012 issued by the Finance Department specifically directed that the same would come into force w.e.f. 01.01.1998. Admittedly, the petitioners were the employees of IGNP on 01.01.1998 and thus, had accrued a right in their favour with effect from that date. They can subsequently not be discriminated only on the ground that they had been transferred to the Water Resources Department in the year 2011. It is clear on record that the Mate working with the IGNP and the Mate working with the Water Resources Department/CAD were appointed on equivalent post and were governed by the same Service Rules at the first instance i.e. at the time of their appointment. It is also clear on record that the Mate of both the Departments were discharging the same duties and while passing the order in the year 1995, it was specifically found that the post of Mate was equivalent to the post of Work Supervisor Gr.II as both were performing/discharging the same duties. It is only because of the said fact and reasoning that they were held entitled to the promotional post of Work Supervisor Gr.I and were granted the benefits by virtue of order dated 25.04.2012. This Court cannot find a single point, logic or reason to discriminate between the services of the petitioners and the services of the Mate working with the IGNP Department. A mere transfer from IGNP Department to Water Resources Department, which also is a Branch of the IGNP Department, cannot disentitle the petitioners from the benefits which had accrued in their favour in the year (Downloaded on 07/12/2022 at 12:16:22 AM) (6 of 7) [CW-13130/2016] 1998 when admittedly they were working with the IGNP Department.
In State of Madhya Pradesh Vs. Seema Sharma; Civil Appeal No. 3892/2022, decided on 12.05.2022 the Hon'ble Apex Court while dealing with the similar issue held as under: -
"23. The fixation of scales of pay is a matter of policy, with which the Courts can only interfere in exceptional cases where there is discrimination between two sets of employees appointed by the same authority, in the same manner, where the eligibility criteria is the same and the duties are identical in every aspects."
Keeping into consideration the above observation of the Hon'ble Apex Court, this Court is of the clear opinion that the present matters do fall within the parameters as laid down by the Hon'ble Apex Court. This is a specific case wherein keeping into consideration the said parameters, the Court definitely ought to interfere as here is a clear discrimination between the employees appointed by the same authorities, in the same manner, wherein the eligibility criteria was also the same and duties are also identical in all the aspects.
So far as the clarification dated 20.05.2016 is concerned, the contents or the facts of the same were never pleaded in reply to the writ petition nor was the said document placed on record. Therefore, the same could not have been refuted or controverted by the petitioners. Even otherwise, this Court is of the specific view that the clarification dated 20.05.2016 cannot be held to be valid as the same specifically discriminates between two set of employees of the same parent department.
In view of the above observations, the present writ petitions are allowed. The respondent authorities are directed to grant the (Downloaded on 07/12/2022 at 12:16:22 AM) (7 of 7) [CW-13130/2016] benefit of the three selection grades to the petitioners on the promotional post of Work Supervisor Gr.I on the same terms, as granted to the Mate of the IGNP Department. The essential orders be passed within a period of three months from the date of receipt of the present order.
All the pending applications also stand disposed of.
(REKHA BORANA),J 142 & 143-Dharmendra/Sachin/-
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