State Of Rajasthan vs Fateh Chand Soni on 12 December, 1995
In taking this
view, I am fortified by the judgments relied upon by learned
counsel for the petitioner namely State of Rajasthan v. Fateh Chand
Soni [1996 (1) SCC 562], Ram Prasad and Others v. D.K.Vijay and
Others [1999 (7) SCC 251] and Union of India v. Pushpa Rani
[2008 (9) SCC 242] all of which deal with the issue of whether a
movement from one scale to the next higher scale of pay pursuant
to the grant of a higher grade to the employee amounted to a
promotion or a mere grant of higher grade for the purposes of
implementing the policy of reservation of posts for Scheduled
Caste/Scheduled Tribe Candidates. The decisions referred to
indicate that, where the movements aforesaid have the effect of
placing the employee in a higher scale, consequent to a process of
selection, then the movement is to be treated as a promotion.
Resultantly, I quash Ext.P13 audit objection of the 3rd respondent
and allow the writ petition by declaring that the service benefits
due to the petitioner shall be as contemplated in Ext.P12 order
issued by the 1st respondent University.