Rajasthan High Court - Jodhpur
Sohan Lal Mathur vs State Of Raj. & Ors on 17 November, 2008
Author: Govind Mathur
Bench: Govind Mathur
1
S.B.CIVIL WRIT PETITION NO.3631/2008
Sohanlal Mathur
v.
State of Rajasthan & Ors.
Date of Order :: 17 th November, 2008
HON'BLE MR.JUSTICE GOVIND MATHUR
Mr. C.S.Bissa, for the petitioner.
Mr. N.K.Mehta, for the respondents.
....
The petitioner entered in the services of the respondents being appointed as Fitter Gr.II by an order dated 29.4.1974. A promotion to the post of Fitter Gr.I was accorded to him on 29.12.1990. A Fitter Gr.I is having an avenue for promotion to the post of Foreman Gr.II and then to the post of Foreman Gr.I as per the provisions of the Rajasthan Engineering Subordinate Service (Public Health Branch) Rules, 1967 (hereinafter referred to as "the Rules of 1967"). The Government of Rajasthan under a notification dated 25.1.1992 prescribed selection grades to its employees on completion of 9, 18 and 27 years of service with a view to remove stagnation in service. The order aforesaid was revised by an another order dated 17.2.1998. The petitioner, as stated above, received first promotion by an order dated 2 29.12.1990, therefore, he was entitled for second and third selection grades as no further promotion was given to him. The respondents allowed second selection grade to the petitioner in the pay scale of Rs.1200- 2050 which was subsequently revised as the pay scale of Rs.4000-6000, however, prior to grant of selection grade the petitioner was running in the same pay scale. The grievance of the petitioner is that the grant of selection scale in the same pay scale in which he was getting pay earlier is as a matter of fact no grant of selection grade.
In reply to the writ petition, the stand of the respondents is that as per the Rules of 1967 an incumbent holding the post of Fitter Gr.I in the pay scale of Rs.1200-2050 (Rs.4000-6000 after revision) is eligible for promotion to the post of Foreman Gr.II in the pay scale of Rs.1200-2050 (Rs.4000-6000), therefore, the selection grade relating to post of Foreman Gr.II was rightly given to the petitioner.
Heard counsel for the parties.
The controversy involved in this petition for writ is considered by this Court in Sharvan Kumar v. State of Rajasthan & Ors., SBCivil Writ Petition No.2156/2007, decided on 5.9.2008. In the case aforesaid the issue was relating to grant of selection grade of a person holding the post of Electrician Gr.I 3 having an avenue for promotion to the post of Foreman Gr.II in the same pay scale. In the case aforesaid this Court held as follows:-
"As per the respondents the pay scale of post of Foreman Gr.II was given to the petitioner on completion of 18 years of service, however, it is not in dispute that the pay scale of Foreman Gr.II and the Electrician GR.I is same. The Government of Rajasthan under the notification dated 25.1.1992 allowed selection grades on completion of a specific term of service with a view to remove stagnation in service, due to non- grant of promotion. Promotion in service means authority of higher post with higher emoluments. The selection grade satisfies higher emoluments only. If the government do not grant even the higher emoluments then the prescription of selection grade shall be of no consequence. The prescription of same pay scale on competition of 18 years of service as a matter of fact is an illusory benefit and that is not at all grant of selection grade with the spirit of the notification dated 25.1.1992. The petitioner though was not possessing the requisite qualification for the purpose of promotion to the post of Electrical Supervisor, however, selection grade as per para 5 of the notification dated 25.1.1992 should have been allowed to him as that adequately take care of such circumstances."
In the instant matter too the petitioner is holding the post of Fitter Gr.I and the pay scale of 4 Foreman Gr.II is given to him. The pay scale applicable for the post of Fitter Gr.I and Foreman Gr.II is same. As per para 5 of the Government of Rajasthan's notifications dated 25.1.1992 and 17.2.1998, in such eventuality the employee is required to receive the next higher pay scale as prescribed in para 5 of the notifications aforesaid. The petitioner as per para 5 of the notification dated 25.1.1992 was entitled to receive second selection grade i.e. of Rs.1400-2600 instead of Rs.1200-2050. After revision of the pay scale the petitioner become entitled to get his pay fixed in the pay scale of Rs.5000-8000 instead of Rs.4000-6000. As a consequent to the fixation of the selection grades as above, the petitioner also become entitled for fixation in the pay scale of Rs.5500-9000 instead of Rs.5000-8000 on getting third selection grade i.e. on completion of 27 years of service.
In view of whatever said above, this petition for writ deserves acceptance and, therefore, the same is allowed. The respondents are directed to allow selection grade to the petitioner on completion of 18 years of service as per para 5 of the notifications dated 25.1.1992 and 17.2.1998. The petitioner is declared entitled for getting the pay scale of Rs.1400-2600 (Rs.5000-8000) as second selection grade on completion of 18 years of service and the pay scale of Rs.5500-9000 on completion of 27 years of service 5 as the third selection grade. The entitlement as declared above is required to be executed by the respondents within a period of six months from today.
No order to costs.
( GOVIND MATHUR ),J.
kkm/ps.