Rajasthan High Court - Jodhpur
State Of Raj. & Ors vs Purshottam Gaur on 12 April, 2018
Bench: Chief Justice, Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Special Appeal (Writ) No. 758 / 2011
1. The State of Rajasthan through the Secretary, Public Works
Department, Government of Rajasthan, Secretariat, Jaipur.
2. The Chief Engineer, Public Works Department, Rajasthan,
Jaipur.
3. The Additional Chief Engineer, Public Works Department,
Jodhpur Zone, Jodhpur.
4. The Executive Engineer, Public Works Department, City
Division, Jodhpur.
----Appellants
Versus
Purshottam Gaur S/o Shri Loachan Vishal Gaur, aged about 58
years, R/o Killi Khana Naya Bas, Jodhpur.
----Respondent
_____________________________________________________
For Appellant(s) : Mr.Rishabh Tayal
For Respondent(s) : Mr.Nitin Ojha
_____________________________________________________
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 12/04/2018
1. Heard learned counsel for the parties.
2. Vide impugned order dated 12.08.2008, writ petition filed by the respondent has been allowed granting a declaratory relief. The learned Single Judge has held that it being a case of the respondent not earning any promotion, he would be entitled to the benefit of grant of first selection scale on completing 9 years service and second selection scale on rendering 18 years service. The impugned order treats as if the post of Store Munshi was upgraded to that of a Senior Store Munshi and the post of Senior (2 of 3) [SAW-758/2011] Store Munshi was redesignated as Supervisor (Stores).
3. As per the appellants the respondent earned promotion firstly to the post of Senior Store Munshi and thereafter as Supervisor (Stores).
4. The issue which we are called upon to decide is the effect of the orders dated 07.12.1984 and 20.01.1988. Vide order dated 07.12.1984 it was noted that there was a demand raised by the Rajasthan PWD. Employees Federation to provide promotional avenues to Munshi, Store Munshi and Time Keepers. It was noted that said posts have no promotional avenues. The order records that to create a promotional avenue 20% existing work-charged posts in Pay Scale No.7 were being upgraded to that of Store Munshis and consequent to the upgradation Store Munshis would be given promotional posts based on seniority to the post of Senior Store Munshi.
5. The respondent got the benefit of said order dated 07.12.1984 and thus it has to be held that the respondent earned first promotion from the post of Store Munshi to that of a Senior Store Munshi.
6. As regards the order dated 20.01.1988, it simply records that the posts of Senior Store Munshi which were created vide order dated 07.12.1984 be now redesignated as Supervisor (Stores). Thus, the order dated 20.01.1988 is not a promotion order.
7. We note that the benefit of first and second selection scale on not earning first promotion within 9 years and second promotion within 18 years of service was introduced by the State (3 of 3) [SAW-758/2011] Government under a notification dated 17.02.1998.
8. Thus, the declaratory relief granted by the learned Single Judge needs to be modified.
9. The appeal is partly allowed. The respondent would be treated as having earned first promotion when from the post of Store Munshi, upon upgradation of 20% posts of Store Munshi to that of a Senior Store Munshi he was promoted as Senior Store Munshi. The respondent would be only entitled to the benefit of the second selection scale on rendering 18 years service for the reason he never earned second promotion.
10. The learned Single Judge did not go into the issue of the applicable pay-scales because relief granted was declaratory. Our decision in appeal is also declaratory. The appellant would now proceed to give effect to the declaratory relief which we have granted by placing the respondent in the appropriate second selection pay-scale on completing 18 years of service. (VINIT KUMAR MATHUR)J. (PRADEEP NANDRAJOG)CJ. Kshama Dixit 16