Rajasthan High Court - Jaipur
Suresh Chandra Srivastava & Or vs State Of Raj & Ors on 9 December, 2011
Author: Mn Bhandari
Bench: Mn Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER 1.SB Civil Writ Petition No.7882/2002 Suresh Chandra Srivastava & ors versus State of Rajasthan & ors 2.SB Civil Writ Petition No. 8026/2002 Sant Ram Bedi & ors versus State of Rajasthan & ors 3. SB Civil Writ Petition No.9380/2002 Ashok Kumar Upadhyay & ors vs State of Rajasthan & ors 4. SB Civil Writ Petition No. 6930/2004 Rohitas Kumar & ors versus State of Rajasthan & ors 9.12.2011 HON'BLE MR. JUSTICE MN BHANDARI Mr Ashwani Jaiman - for petitioners Mr Ganesh Meena, Government Counsel for respondents BY THE COURT:
Since on same set of facts, similar relief has been claimed, all these writ petitions have been heard together and are decided by this common order.
Grievance of the petitioners is in regard to denial of benefit of selection scale on completion of 9, 18 and 27 years of service. Petitioners were initially appointed on the post of Teacher Gr II (Agriculture) by a regular mode. They were given ad hoc promotion to the post of Lecturer. A controversy came up before the Division Bench in reference to the Rules applicable then. A direction was issued by the Division Bench to modify the Rules, however, the judgment of the Division Bench has not been complied with by the respondents though a period of more than 21 years has already passed.
In any case, even if petitioners' promotion to the post of Lecturer is ignored being on ad hoc basis, they are still entitled to the benefit of selection scale on the post of Teacher Gr II (Agriculture). However, said benefit has also not been extended to the petitioners in reference to the circular dated 25.1.1992 and subsequent Notification dated 7.8.1998. A direction may accordingly be issued to the respondents to advance benefit of selection scales to the petitioners on completion of 9, 18 and 27 years of service and if the subsequent Notification dated 7.8.1998 is applied, then on completion of 10 and 18 years of service. However, respondents have not extended any benefit to the petitioner arising out of the circular dated 25.1.1992 and subsequent circulars as well as Notification dated 7.8.1998. Accordingly, writ petitions may be allowed with appropriate directions.
Learned counsel for respondents, on the other hand, submits that petitioners were given ad hoc promotion to the post of Lecturer hence by treating one promotion, selection scale was not made admissible, however, if a direction is issued by this court to consider case of petitioners for grant of selection scale(s), necessary consideration would be made.
I have considered rival submissions of learned counsel for parties and scanned the matter carefully.
It is a case where petitioners were appointed as Teacher Gr II (Agriculture) on regular basis thus they are entitled to the benefit of selection scale on completion of 9, 18 and 27 years of service as per circular dated 25.1.1992 till it remained operational and, thereafter, pursuant to Notification dated 7.8.1998. Non-consideration of case of petitioners for aforesaid benefit cannot be said to be legal only because petitioners were only given ad hoc promotion to the post of Lecturer. This is more so when selection scale on completion of required length of service is to attract pay scale of promotional post if available otherwise as per table given in the circular dated 25.1.1992.
In the background aforesaid, respondents are directed to consider case of petitioners for grant of benefit of selection scale/ Assured Career Progression (ACP) after taking length of service on the post of Teacher Gr II (Agriculture). Necessary consideration may be made within a period of four months from the date of receipt of copy of this order. While considering the case, if petitioners are given promotion then it may also be taken into consideration in view of the fact that as per the Rajasthan Civil Services (Revised Pay) Rules of 2008, no candidate is entitled to more than three financial upgradations which can be either promotion or selection scale or both.
With the aforesaid, all the writ petitions are disposed of. In case respondents feel any difficulty in carrying out the directions, they would be at liberty to make application seeking clarification.
(MN BHANDARI), J.
bnsharma All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.
(BN Sharma) PS-cum-JW