Rajasthan High Court - Jaipur
Anandi Lal Saini S/O Sh. Bhajan Lal vs State Of Rajasthan on 27 August, 2019
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 22335/2018
Anandi Lal Saini S/o Sh. Bhajan Lal, Aged About 61 Years, R/o
Plot No. 16, Shiv Colony, Near Mohammada Ka Kua, Alwar.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary Phed, Govt.
Of Rajasthan, Secretariat, Jaipur- 302005
2. The Chief Engineer (Administration), Phed, Civil Lines,
Jaipur (Rajasthan).
3. The Superintending Engineer, Phed, Alwar.
----Respondents
Connected With S.B. Civil Writ Petition No. 15514/2018 Narendra Kumar Choudhary S/o Late Sh. Laxmi Chand, Aged About 57 Years, R/o 9, Mehandi Bagh, Naruka Colony, Alwar.
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary Phed, Govt.
Of Rajasthan, Secretariat, Jaipur-302005
2. The Chief Engineer (Administration), Phed, Civil Lines, Jaipur (Rajasthan).
3. The Superintending Engineer, Phed, Alwar.
----Respondents S.B. Civil Writ Petition No. 17517/2018
1. Govind Ram Saini S/o Sh. Jatti Ram, Aged About 61 Years, R/o Manni Ka Bad, Jatti Ki Bagichi, Ward No.17, Alwar
2. Cheranji Lal Meena S/o Sh. Panna Lal, Aged About 61 Years, R/o Vivekanand Nagar, Sector 4, Alwar
3. Duli Chand Saini S/o Sh. Anandi Lal, Aged About 61 Years, R/o 60 Foot Road, Ram Nagar Colony, Alwar
----Petitioners Versus
1. State Of Rajasthan, Through The Secretary, Phed, Govt.
(Downloaded on 06/06/2021 at 06:32:06 PM)(2 of 17) [CW-22335/2018] Of Rajasthan, Secretariat, Jaipur - 302005
2. The Chief Engineer (Administration), Phed, Civil Lines, Jaipur (Rajasthan)
3. The Superintending Engineer, Phed, Alwar
----Respondents S.B. Civil Writ Petition No. 20089/2018 Hardayal Sharma S/o Sh. Mool Chand, Aged About 68 Years, R/o Brahman Mohallah, Village- Kali Pahadi, Post- Thana Rajaji, Tehsil- Rajgarh, District- Alwar
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary Phed, Govt.
Of Rajasthan, Secretariat, Jaipur-302005
2. The Chief Engineer (Administration), Phed, Civil Lines, Jaipur (Rajasthan)
3. The Superintending Engineer, Phed, Manu Marg, Alwar
----Respondents S.B. Civil Writ Petition No. 20180/2018
1. Bhagwan Sahai Saini S/o Sh. Mola Ram, Aged About 68 Years, R/o Ward No.13, Beech Ka Mohallah, Alwar.
2. Gokul Ram Koli S/o Sh. Ram Dhan, Aged About 63 Years, R/o S-10, Kabir Colony, Scheme No.6, Ward No.19, Alwar.
3. Mahesh Chand Yadav S/o Sh. Vasudev Yadav, Aged About 61 Years, R/o 2/242, Kala Kua Housing Board, Alwar.
----Petitioners Versus
1. State Of Rajasthan, Through The Secretary Phed, Govt.
Of Rajasthan, Secretariat, Jaipur-302005.
2. The Chief Engineer (Administration), Phed, Civil Lines, Jaipur (Rajasthan).
3. The Superintending Engineer, Phed, Alwar.
----Respondents S.B. Civil Writ Petition No. 20375/2018
1. Pramod Kumar Sharma S/o Sh. Shree Narayan, Aged About 58 Years, R/o Near Tasing House, Outside Dehli Darwaja, Meenapadi, Alwar.
2. Kailash Chand Verma S/o Sh. Devi Prasad, Aged About 60 (Downloaded on 06/06/2021 at 06:32:06 PM) (3 of 17) [CW-22335/2018] Years, R/o Mohallah Brahmchari, Near Ramdevji Temple, Ward No. 21, Alwar.
3. Ram Lal Saini S/o Sh. Jeevan Ram, Aged About 66 Years, R/o Neechla Sonawa, Opp. Bal Bharti School, Sector 8, Alwar.
----Petitioners Versus
1. State Of Rajasthan, Through The Secretary Phed, Govt.
Of Rajasthan, Secretariat, Jaipur - 302005
2. The Chief Engineer (Administration), Phed, Civil Lines, Jaipur (Rajasthan).
3. The Superintending Engineer, Phed, Alwar.
----Respondents S.B. Civil Writ Petition No. 20703/2018 Mohan Lal Chipa S/o Shri Badri Prasad, Aged About 65 Years, R/o House No. B-58, Chawaria Marg, Nahar Garh Road, Jaipur, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan Through Its Principal Secretary, Public Health Engineering Department Rajasthan, Secretariat, Jaipur.
2. The Chief Engineer (Administration), Public Health Engineering Department, P.h.e.d. Head Office Campus, Jaipur, Rajasthan.
3. The Superintending Enginer, Public Health Engineering Department, City Circle (South), Gandhi Nagar, Jaipur, Rajasthan.
----Respondents S.B. Civil Writ Petition No. 22176/2018 Kailash Chand Saini S/o Sh. Kajor Ram, Aged About 61 Years, R/o A-13, Kali Mori, Heera Bagh, Near Railway Station, Alwar.
----Petitioner Versus
1. State Of Rajasthan Through The Secretary Phed, Govt. Of Rajasthan, Secretariat, Jaipur- 302005
2. The Chief Engineer (Administration), Phed, Civil Lines, Jaipur (Rajasthan).
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3. The Superintending Engineer, Phed, Alwar.
----Respondents S.B. Civil Writ Petition No. 22246/2018 Man Mohan Saini S/o Sh. Khuba Ram, Aged About 72 Years, R/o Mohallah Heera Bas, Kali Mori, Near Gss, Alwar.
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary Phed, Govt.
Of Rajasthan, Secretariat, Jaipur - 302005
2. The Chief Engineer (Administration), Phed, Civil Lines, Jaipur (Rajasthan).
3. The Superintending Engineer, Phed, Alwar.
----Respondents S.B. Civil Writ Petition No. 23147/2018 Zahoor Khan S/o Shri Gafoor Khan, Aged About 67 Years, R/o Village- Malarna Dungar, District Sawai Madhopur (Rajasthan).
----Petitioner Versus
1. State Of Rajasthan Through Its Principal Secretary, Public Health Engineering Department Rajasthan, Secretariat, Jaipur.
2. The Chief Engineer (Administration), Public Health Engineering Department, P.h.e.d. Head Office Campus, Jaipur, Rajasthan.
----Respondents S.B. Civil Writ Petition No. 23153/2018 Jagdish Narayan S/o Shri Daal Chand, Aged About 63 Years, R/o Plot No. 168, Parwati Nagar, Benar Road, Boythawala, Jaipur (Rajasthan)
----Petitioner Versus
1. State Of Rajasthan Through Its Principal Secretary, Public Health Engineering Department Rajasthan, Secretariat, Jaipur.
2. The Chief Engineer (Administration), Public Health Engineering Department, P.h.e.d. Head Office Campus, Jaipur, Rajasthan.
(Downloaded on 06/06/2021 at 06:32:06 PM)(5 of 17) [CW-22335/2018]
3. The Superintending Engineer, Public Health Engineering Department, City Circle (North), Civil Lines, Jaipur, Rajasthan.
----Respondents S.B. Civil Writ Petition No. 414/2019 Arjun Singh S/o Late Shri Anandi Prasad, Aged About 70 Years, R/o Plot No. 9/23, Ganj Mohalla, Ajmer (Rajasthan).
----Petitioner Versus
1. State Of Rajasthan Through Its Principal Secretary, Public Health Engineering Department Rajasthan, Secretariat, Jaipur.
2. The Chief Engineer (Administration), Public Health Engineering Department, P.h.e.d. Head Office Campus, Jaipur, Rajasthan.
3. Superintending Engineer, Public Health Engineering Department, Circle Ajmer, District Ajmer, Rajasthan.
----Respondents S.B. Civil Writ Petition No. 713/2019 Jagdish Meena S/o Shri Kishan Meena, Aged About 67 Years, R/o Gram Molaipura, Panch Kua, Pump House, Tonk (Rajasthan)
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Public Health Engineering Department, Rajasthan, Secretariat, Jaipur.
2. The Chief Engineer (Administration), Public Health Engineering Department, P.h.e.d. Head Office Campus, Rajasthan, Jaipur.
3. Superintending Engineer, Public Health Engineering Department, Circle Tonk, District Tonk, Rajasthan.
----Respondents S.B. Civil Writ Petition No. 1240/2019 Gopal Lal Sharma S/o Late Shri Satya Dev Sharma, Aged About 66 Years, R/o A-23, J.d.a. Staff Colony, Opposite Nri Colony, Haldighati Marg, Jagatpura, Jaipur (Rajasthan).
----Petitioner
Versus
(Downloaded on 06/06/2021 at 06:32:06 PM)
(6 of 17) [CW-22335/2018]
1. State Of Rajasthan, Through Its Principal Secretary, Public Health Engineering Department Rajasthan, Secretariat, Jaipur.
2. The Chief Engineer (Administration), Public Health Engineering Department, P.h.e.d. Head Office Campus, Jaipur, Rajasthan.
3. The Superintending Engineer, City Circle (South), Public Health Engineering Department, Gandhi Nagar, Jaipur, Rajasthan.
----Respondents S.B. Civil Writ Petition No. 1498/2019 Shankar Lal Vijay S/o Shri Banshi Lal Vijay, Aged About 68 Years, R/o Opposite- H.no. 90, Sawai Singh Ji House, Paltan Bazar, Ajmer (Rajasthan).
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Public Health Engineering Department Rajasthan, Secretariat, Jaipur.
2. The Chief Engineer (Administration), Public Health Engineering Department, P.h.e.d. Head Office Campus, Jaipur, Rajasthan.
3. Superintending Engineer, Public Health Engineering Department, Circle Ajmer, District Ajmer, Rajasthan.
----Respondents S.B. Civil Writ Petition No. 1868/2019 Kalu Ram S/o Shri Ram Narayan, Aged About 68 Years, R/o Plot No. 43, Jai Bhawani Vihar, Sirsi Road, Govindpura, Kalwar Road, Jaipur Rajasthan. (Since Retire From Office Of Assistant Engineer, Revenue Sub-Division-4, North, Panipech, Jaipur)
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Public Health Engineering Department Rajasthan, Secretariat Jaipur.
2. The Chief Engineer (Administration), Public Health Engineering Department, P.h.e.d. Head Office Campus, Jaipur, Rajasthan.
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3. Superintending Engineer, City Circle (North), Public Health Engineering Department, Jaipur, Rajasthan
----Respondents S.B. Civil Writ Petition No. 2655/2019 Raghuvar Dayal Sharma S/o Sh. Devi Dayal, Aged About 64 Years, R/o Plot No. 131, Shri Ram Nagar Colony, Near Shri Ram Dharamshala, Opposite Nav, Alwar.
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary Phed, Govt.
Of Rajasthan, Secretariat, Jaipur- 302005.
2. The Chief Engineer (Administration), Phed, Civil Lines, Jaipur (Rajasthan).
3. The Superintending Engineer, Phed, Alwar.
----Respondents S.B. Civil Writ Petition No. 4150/2019 Kishan Chand Saini S/o Sh. Panna Lal, Aged About 71 Years, R/o 41, Alka Puri, Sed Ka Tila, Near Company Bag, Alwar.
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary Phed, Govt.
Of Rajasthan, Secretariat, Jaipur
2. The Chief Engineer (Administration), Phed, Civil Lines, Jaipur (Rajasthan).
3. The Superintending Engineer, Phed, Manu Marg, Alwar.
----Respondents S.B. Civil Writ Petition No. 4327/2019 Manohar Singh S/o Sh. Mob Singh, Aged About 63 Years, R/o Vpo- Manpura Machadi, Via - Morija, Tehsil - Amer, District - Jaipur.
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary Phed, Govt.
Of Rajasthan, Secretariat, Jaipur
2. The Chief Engineer (Administration), Phed, Civil Lines, Jaipur (Rajasthan).
3. The Superintending Engineer, Phed, District Division, (Downloaded on 06/06/2021 at 06:32:06 PM) (8 of 17) [CW-22335/2018] Jaipur.
----Respondents S.B. Civil Writ Petition No. 5801/2019
1. Rambabu Sharma Son Of Ramniwas Sharma, Aged About 64 Years, R/o Ratti Vale Hanuman Ji, Gangapurcity, District Sawai Madhopur.
2. Damodar Lal Sharma Son Of Nandkishore Sharma, R/o Shree Mandir Ke Piche, Ward No. 10, Gangapur City, District Sawai Madhopur.
3. Hanuman Prasad Sharma Son Of Kalyan Prasad Sharma, R/o Malrana Chowk, Gangapurcity, District Sawai Madhopur.
----Petitioners Versus
1. State Of Rajasthan, Through Its Principal Secretary, Public Health- Engineering Department, Rajasthan, Secretariat, Jaipur.
2. The Chief Engineer (Administration), Public Health Engineering Department, P.h.e.d. Head Office Campus, Rajasthan, Jaipur.
3. The Superintending Engineer, Public Health Engineering Department, Sawai Madhopur, Rajasthan.
----Respondents S.B. Civil Writ Petition No. 7051/2019 Badri Narayan S/o Shri Omkar, Aged About 74 Years, R/o Kumharo Ki Choki, Kalipaltan, Tonk, District Tonk, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Public Health Engineering Department, Rajasthan, Secretariat, Jaipur.
2. The Chief Engineer (Administration), Public Health Engineering Department, P.h.e.d. Head Office Campus, Rajasthan, Jaipur.
3. The Superintending Engineer, City Sub Division Tonk, Public Health Engineering Department, Tonk, Rajasthan.
----Respondents S.B. Civil Writ Petition No. 7800/2019 (Downloaded on 06/06/2021 at 06:32:06 PM) (9 of 17) [CW-22335/2018] Ghan Shyam Sharma Son Of Nathu Lal Sharma, Aged About 68 Years, R/o Village Post Khirni, Distt. Sawai Madhopur Retire Electrician, Aen Office Phed, Ganagapurcity.
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Public Health- Engineering Department, Rajasthan, Secretariat, Jaipur.
2. The Chief Engineer (Administration), Public Health Engineering Department, P.h.e.d Head Office Campus, Rajasthan, Jaipur.
3. The Executive Engineer Phed, Gaganpuracity Distt. Sawai Madhopur, Rajasthan.
----Respondents S.B. Civil Writ Petition No. 8453/2019 Moti Ram S/o Shri Nathu Ram, Aged About 64 Years, R/o Plot No. 108, Road No. 15, Behind Bsnl Training Centre, Vki Bhadarana, Jaipur (Raj.)
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Public Health Engineering Department, Rajasthan, Secretariat, Jaipur.
2. The Chief Engineer (Administration), Public Health Engineering Department, P.h.e.d. Head Office Campus, Rajasthan, Jaipur.
3. The Superintending Engineer, City Circle (North), Public Health Engineering Department, Rajasthan, Jaipur.
----Respondents S.B. Civil Writ Petition No. 10199/2019 Jagmohan Sharma Son Of Shri Badri Prasad Sharma, Aged About 62 Years, R/o Ward No. 19, Balaji Road, Todabheem, District Karauli, (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Public Health- Engineering Department, Rajasthan, Secretariat, Jaipur.
(Downloaded on 06/06/2021 at 06:32:06 PM)(10 of 17) [CW-22335/2018] 2. The Chief Engineer (Administration), Public Health
Engineering Department, P.h.e.d. Head Office Campus, Rajasthan, Jaipur.
3. The Executive Engineer Phed, Hindaun City, Distt. Karauli, Rajasthan.
----Respondents S.B. Civil Writ Petition No. 11294/2019 Om Prakash Sharma S/o Shri Gajanand Sharma, Aged About 60 Years, R/o House No. 779, Satya Sadan, Near Deepak Store, Shivpura, Kota (Raj.)
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Public Health- Engineering Department, Rajasthan, Secretariat, Jaipur.
2. The Chief Engineer (Administration), Public Health-
Engineering Department, P.h.e.d. Head Office Campus, Rajasthan, Jaipur
3. The Executive Engineer Phed, Production Division, Akailpura, District Kota, Rajasthan
----Respondents S.B. Civil Writ Petition No. 11326/2019 Sabir Hussain S/o Shri Lal Khan, Aged About 65 Years, Presently Residing At Plot No. 43 B And C, Opposite G.d. School, 200 Ft. Road, Banne Vihar Colony, Shanti Nagar, Ward No. 7, Jhotwara, Jaipur, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Public Health Engineering Department Rajasthan, Secretariat, Jaipur.
2. The Chief Engineer (Administration), Public Health Engineering Department, P.h.e.d. Head Office Campus, Jaipur, Rajasthan
3. The Superintending Engineer, Public Health Engineering Department, Circle Churu, District Churu, Rajasthan.
----Respondents S.B. Civil Writ Petition No. 11802/2019 (Downloaded on 06/06/2021 at 06:32:06 PM) (11 of 17) [CW-22335/2018] Dayal Ram S/o Shri Khanga Ram, Aged About 68 Years, R/o Village Amipura, Post Khandel, Tehsil Phulera, District Jaipur, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Public Health Engineering Department Rajasthan, Secretariat, Jaipur.
2. The Chief Engineer (Administration), Public Health Engineering Department, P.h.e.d. Head Office Campus, Jaipur, Rajasthan.
3. The Assistant Engineer, Public Health Engineering Department, Sub Division Sambhar Lake, District Jaipur, Rajasthan.
----Respondents S.B. Civil Writ Petition No. 12470/2019 Sita Ram Sharma S/o Shri Jai Narayan Sharma, Aged About 73 Years, R/o Plot No. 424, Maliyon Ka Mohalla, Hasanpura-A, Jaipur, Rajasthan
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Public Health Engineering Department Rajasthan, Secretariat, Jaipur.
2. The Chief Engineer (Administration), Public Health Engineering Department, P.h.e.d. Head Office Campus, Jaipur, Rajasthan.
3. The Superintending Engineer, City Circle (North), Public Health Engineering Department, Rajasthan, Jaipur.
----Respondents S.B. Civil Writ Petition No. 13332/2019 Hari Charan Gupta Son Of Shri Ghoodmal Gupta, Aged About 67 Years, R/o Agrawal Nagar, Behind Gulkandi School, Gangapur City, District Sawai Madhopur (Raj.) Retired Pump Driver.
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Public Health Engineering Department, Rajasthan, Secretariat, (Downloaded on 06/06/2021 at 06:32:06 PM) (12 of 17) [CW-22335/2018] Jaipur.
2. The Chief Engineer (Administration), Public Health Engineering Department, P.h.e.d. Head Office Campus, Rajasthan, Jaipur.
3. The Executive Engineer Phed, Production Division, Gangapur City, District Sawai Madhopur, Rajasthan.
----Respondents For Petitioner(s) : Mr. CP Sharma, Adv.
Mr. Manoj Pareek, Adv.
Mr. NK Mishra, Adv.
Mr. KC Sharma, Adv.
For Respondent(s) : Mr. Gajanand Manav, AGC Ms. Archana, Adv. & Mr. Yatharth Gupta, Adv. on behalf of Mr. Anil Mehta, AAG HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI Judgment 27/08/2019
1. The present batch of writ petitions has been filed by the petitioners with the prayer that respondents may be directed to revise pay-scale of the petitioners by correctly implementing the selection grades on completion of 18 and 27 years of service, as the case may be, as per notifications dated 25.1.1992 & 17.2.1998 and accordingly make refixation of the pay/pension, as the case may be, of the petitioner.
3. Learned counsel for the respective petitioner jointly submit that all the petitioners are seeking benefit of their respective pay scales arising before 01/01/2006 on completion of 18 & 27 years of service, as the case may be. It is further submitted that all the petitioners were born in the cadre and had discharged their duties as regularly selected employees with the respondents since inception. It is further submitted that the controversy in question (Downloaded on 06/06/2021 at 06:32:06 PM) (13 of 17) [CW-22335/2018] is no more res integra and has already been decided by this Court in..."Sohanlal Mathur Vs. State of Rajasthan & Ors." (S.B.Civil Writ Petition No.3631/2008) decided on 17 th November, 2008. The relevant portion of judgment reads as under:
"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 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 nongrant 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 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 (Downloaded on 06/06/2021 at 06:32:06 PM) (14 of 17) [CW-22335/2018] 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 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.
3. Learned counsel for the petitioners further submitted that the judgment of Sohanlal Mathur (supra) was upheld upto the Apex Court in Special Leave to Appeal (Civil) No.14932/2012 whereby the Special Leave to Appeal (Civil) filed by the State was dismissed by Hon'ble Apex Court vide order dated 07/09/2012. It is further submitted that the same benefit has also been granted in the matter of "Gani Khan & Ors. Vs. State of Rajasthan & Ors.
(S.B. Civil Writ Petition No.14192/2013), decided on 12/12/2013.
and the judgment in Gani Khan (supra) was upheld by the Division Bench of this Court in D.B. Civil Special Appeal (Writ) No.589/2014, decided on 27/05/2014. The Special Leave to Appeal (Civil) No.20456/2014 filed by the State against the judgment in Gani Khan (supra) was dismissed by the Apex Court vide order dated 16/01/2015. It is further submitted that this Court in Additional Chief Engineer, PHED Jaipur Zone, Jaipur and another Vs. Chhiter Mal Meena & 30 Ors.: 2016(1) WLC (Raj.) 101, again adopted the same position of law as being claimed by the present petitioners. The compliance report in the matter of (Downloaded on 06/06/2021 at 06:32:06 PM) (15 of 17) [CW-22335/2018] Chhiter Mal Meena (supra) has also been shown by learned counsel for the petitioners as complied with by the respondents vide compliance report on 20/11/2015. Learned counsel for the petitioners have also shown the judgment rendered by this Court in Vishnu Dutt Sharma Vs. State of Raj. & ors (SB Civil Writ Petition No.12074/2016), decided 16/09/2016 whereby the same benefits were granted to the petitioners in that case. Learned counsel for the petitioners have also drawn attention of this Court to the judgment rendered by this Court in Abdul Hamid Vs. State of Raj. & ors (SB Civil Writ Petition No.5628/2016 & other connected matters, decided on 11/07/2016 whereby again the same position of law has been reiterated. Learned counsel for the petitioners have also shown judgment rendered by this Court in Mool Chand Sharma Vs. State of Raj. & Ors. (SB Civil Writ Petition No.2582/2016), decided on 16/05/2016 whereby the same proposition of law has been reiterated. Learned counsel for the petitioners have also drawn attention of this Court to the judgment passed by this Court in Mittu Lal Teli Vs. The State of Raj. & ors. (SB Civil Writ Petition No.14456/2016) & other connected matters, decided on 16/02/2017 laying down the same law. Learned counsel for the petitioners submitted that in most of the aforementioned cases, compliance has been made by the respondents and appropriate selection grade on completion of 18 and 27 years of service, as the case may be, has been granted.
4. Per-contra, learned counsel appearing on behalf of the respondents vehemently opposed the submissions of learned counsel for the petitioners on the premise of the verdict given by by the Apex Court in State of Rajasthan Vs. Jagdish Narain Chaturvedi: 2009(8)SLR 505 (SC) and State of Rajasthan and (Downloaded on 06/06/2021 at 06:32:06 PM) (16 of 17) [CW-22335/2018] anr. Vs. Surendra Monhot and others: 2014(5) SLR 257 (SC) and emphasized upon Para 28 of the Judgment rendered in Surendra Monhot (supra), which reads as under:-
"28. Our preceding analysis would clearly show that the dictum in Jagdish Narain Chaturvedi (supra) covers the controversy. The respondents prior to regularization were not members of service or a part of the cadre and hence, the benefit of the circular pertaining to selection grade was not applicable to them. Therefore, the irresistible conclusion is that they are only entitled to the benefit of selection grade from the date of regularization. The period of nine years, eighteen years and twenty seven years has to be computed from that date. True it is, they may have been given the first benefit on an erroneous understanding of the circular and also prior to the decision in Jagdish Narain Chaturvedi's case. But that would not entitle them to assert their claim on that basis, for that would be contrary to the law of the land as stated in Jagdish Narain Chaturvedi's case. Be it noted, the State, as the latter circular would indicate, has decided not to take any steps for recovery of the benefit. Therefore, we conclude and hold that the writ petition preferred by the respondents before the High Court deserves dismissal and, accordingly, the order passed by the writ court and the decision in intra-court appeal are set aside and the writ petition stands dismissed."
5. Learned counsel for the respondents, thus, submitted that in light of the aforesaid precedent law, the circular has been re-
interpreted by the Apex Court and, therefore, the present writ petitions ought to be dismissed. They further submitted that if at all the relief has to be granted, then it can only for those employees, who are regularly selected employees of the respondent and in this regard, they relied upon the judgment rendered by the Apex Court in State of Karnataka v. Umadevi (3) [(2006) 4 SCC 1. Learned counsel for the respondents further submitted that as per the judgment rendered by this Court in Bhonri Lal Vs. State of Rajasthan & ors.(SB Civil Writ Petition No.10973/2014), decided on 18/05/2017_, the claim of the (Downloaded on 06/06/2021 at 06:32:06 PM) (17 of 17) [CW-22335/2018] petitioners to seek the benefit in question should be allowed only to the extent of preceding three years from the date of filing of the writ petition.
6. After hearing learned counsel for the parties and perusing the material on record as well as the precedent law cited, this Court finds that the issue has been finally settled in the judgments referred by learned counsel for the petitioners and the controversy in question no longer remains res-integra and open to be considered by this Court. The proposition of taking the relief only to the extent of three years preceding cannot be accepted by this Court as the selection grade is a recurring cause of action and the claim on the selection grade cannot be barred by any kind of limitation.
7. Consequently, in light of the aforesaid mentioned judgments, referred by learned counsel for the petitioners, the present batch of writ petition is also allowed. The petitioners shall be entitled for being given selection grade in terms of Para 5 of the notification dated 25/01/1992 and 17/02/1998 on completion of 18 and 27 years of service, as the case may be. The consequential benefits accordingly be granted to the petitioners by the respondents within a period of three months of receipt of certified copy of this order.
(PUSHPENDRA SINGH BHATI),J Raghu/Anu/78-106 (Downloaded on 06/06/2021 at 06:32:06 PM) Powered by TCPDF (www.tcpdf.org)