Rajasthan High Court - Jaipur
Rajendra Kumar Jain &Ors vs State Of Rajasthan&Ors on 17 December, 2009
Author: Ajay Rastogi
Bench: Ajay Rastogi
In the High Court of Judicature for Rajasthan
Jaipur Bench
**
Civil Writ Petition No.15889/2009
Rajendra Kr. Jain & Ors Versus State & Ors.
Date of Order ::: 17/12/09
Hon'ble Mr. Justice Ajay Rastogi
Dr. Surat Singh with
Mr. Sunil Mund & Mr. VS Gurjar, for petitioners
It is a joint petition filed by (108) petitioners primarily with the grievance that order dt.29/06/09 (Ann.4) issued by Department of Finance, Government of Rajasthan, Jaipur is nothing but a misunderstanding/misreading of the decision of Apex Court in State of Rajasthan & Ors Vs. Jagdish Narain Chaturvedi (Civil Appeal-3620/2009 & cognate cases (arising out of SLP(C)No.2848/2006 & Others disposed of common judgment dt.08/05/2009)(Ann.3), as it is not being carried out by respondents authorities in its true spirit and that being so, has constrained the petitioners to approached this Court by filing instant petition.
It would be relevant to observe that earlier State Government while granting benefit of selection scale admissible in terms of its Circular dt.25/01/92 on completion of 9/18/27 years from the date of first appointment irrespective of the fact as to whether one is appointed on regular basis or on adhoc under recruitment Rules; but the same has been put at rest finally by Apex Court by the decision (supra) holding that employee is entitled for grant of selection scale from the date of regular appointment made in accordance with recruitment Rules and thereby services rendered on adhoc basis are not to be computed for purposes of benefit of selection scale in terms of Circular dt.25/01/92. In compliance of decision of Apex Court (supra), State Government Department of Finance vide its order dt.29/06/09 (Ann.4) has circulated decision of State government which appears to have been taken upon judgment of Apex Court in SLP(C)-2848/2006, directing the respective authorities to revise selection scale having become admissible from the date of regular appointment and what has been earlier granted taking note of ad hoc, work-charged or daily wages period of service be revised in terms of order dt.29/06/09.
However, it has been made clear that no recovery shall be made from the employee for the period upto 30/06/2009 and revision of pay fixation be made accordingly w.e.f. 01/07/09 onwards.
Counsel apprehends that State Government will initiate process of revision of selection scale already granted to the employees like petitioners who are regularly appointed under relevant recruitment Rules under the garb of decision of Supreme Court (supra) in terms of its recent Circular dt.29/06/09.
No order prejudicial to either of the petitioners has been passed by State Government so far in compliance of its Circular dt.29/06/09, which is in conformity with decision of Apex Court (supra). If at all, individual petitioner finds himself aggrieved by order/notice, if any issued in compliance of order dt.29/06/09 in future, he will always be at liberty to avail of remedy under the law. In the considered opinion of this Court, instant petition is a premature.
Consequently, writ petition being premature is dismissed with a liberty (supra).
(Ajay Rastogi), J.
K.Khatri/p.3/ 15889CW09Dec17-SlSclFinRep.do