Rajasthan High Court - Jaipur
Virendra Kumar Jain And Ors vs State Of Raj & Ors on 10 April, 2012
Author: M.N. Bhandari
Bench: M.N. Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. Civil Writ Petition No.12294/2010 Virendra Kumar Jain and others Versus State of Rajasthan and others Date of Order :: 10.4.2012 HON'BLE MR. JUSTICE M.N. BHANDARI Mr.Sunil Samdaria for petitioners. Mr.M.F. Baig, Addl.G.C. for respondents.
<><><> By this writ petition, a challenge is made to the order dated 19.1.2006 at Annexure-12 whereby benefit of 3rd selection scale earlier granted to the petitioners, has been cancelled by the respondents.
It is a case where petitioners were initially appointed on the post of Superior Field Workers (for short 'the SFW'). They were granted benefit of 1st and 2nd selection scales by counting their length of service from the date of their initial appointment. Petitioners were then allowed benefit of 3rd selection scale vide order at Annexure-10. The length of service of the petitioners was counted from the initial date of service, however, to utter surprise of the petitioners, impugned order dated 19.1.2006 was passed withdrawing the benefit of 3rd selection scale earlier given to them vide order dated 8.11.2005. This was on the pretext that order for grant of benefit of 3rd selection was not passed by competent authority. Prayer of the petitioners is, accordingly, to direct the respondents to pass an order for grant of benefit of 3rd selection scale under the order of competent authority.
Referring to reply, learned counsel for petitioners submits that only objection taken by respondents for denial of benefit of 3rd selection scale is on account of re-designation of the post held by the petitioners as it was re-designated as Health Worker (Male). The order for re-designation has now been withdrawn vide order dated 7.8.1997 filed along with the rejoinder at Annexure-24. Thus, only objection taken by respondents goes. The prayer made in the writ petition may, accordingly, be granted.
Learned counsel for respondents, on the other hand, submits that benefit of 1st and 2nd selection scales was granted to the petitioners as per their entitlement.
So far as the benefit of 3rd selection scale is concerned, it was denied due to re-designation of the post held by the petitioners. The post of SFW was re-designated as Health Worker (Male). The petitioners were sent for training of the post of Health Worker (Male) in 1995 itself. On account of re-designation of the petitioners' post, 3rd selection should not have been made admissible to them as pay scale of the post of SFW and Health Worker were clarified vide order dated 29.6.1999. The 3rd selection scale for the post of SFW is Rs.5000-8000 wheres for the post of Health Worker, it is Rs.4000-6000. The petitioners were already in the pay scale of Rs.4000-6000, thus benefit of 3rd selection scale could not have been made in the same pay scale. However, learned counsel for respondents fairly conceded that if order of re-designation has been withdrawn, this court may pass appropriate order because that order was coming in the way of petitioners to get necessary benefit.
I have considered the rival submissions of the parties and scanned the matter carefully.
Only reason to deny the benefit of 3rd selection scale is on account of re-designation of the post of SFW to that of Health Worker. The order aforesaid has already been withdrawn vide order dated 7.8.1997 filed along with rejoinder at Annexure-24. Once order of re-designation is withdrawn, petitioners become entitled for the benefit of 3rd selection scale, which was otherwise allowed to the petitioners earlier, but later on withdrawn vide impugned order. Accordingly, this writ petition is allowed. The respondents are directed to grant benefit of 3rd selection scale to the petitioners on completion of 27 years of service with all consequential benefits. The impugned order is set aside accordingly.
(M.N. BHANDARI), J.
Item No.60 Sunil/JrPA All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
(Sunil Solanki) P.A