Rajasthan High Court - Jodhpur
Rameshwar Lal Vyas vs State And Ors on 12 July, 2022
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 8734/2016
Rameshwar Lal Vyas son of Shri Tulsiram Vyas, aged about 64
years, resident of Sikhwalo Ka Mohalla, Near Ganesh Mandir,
Merta City, District Nagaur.
----Petitioner
Versus
1. The State of Rajasthan through Secretary, Public Health
Engineering Department, Government of Rajasthan, Jaipur.
2. The Chief Engineer, Public Health Engineering Department,
Government of Rajasthan, Jaipur.
3. The Superintending Engineer, Public Health Engineering
Department, Circle Nagaur, District Nagaur.
4. The Assistant Engineer, Public Health Engineering Department,
City Division Merta City, District Nagaur.
----Respondents
For Petitioner(s) : Mr. C.S. Bissa
For Respondent(s) : Ms. Anjana Java, Dy. Govt. Counsel
HON'BLE MS. JUSTICE REKHA BORANA
Order
12/07/2022
Learned counsel for the parties are ad-idem that the issue
involved in the present writ petition has already been decided by
this Court in the case of Sohan Lal Mathur Vs State of Rajasthan &
others: S.B.C.W.P. No.3631/2008 decided on 17.11.2008, the said
judgment has been affirmed by a Division Bench of this Court and
the Special Leave Petition filed against said judgment has also
been rejected by the Hon'ble Apex Court.
In case of Sohan Lal Mathur (supra), this Court relied on a
judgment of this Court in the case of Shravan Kumar Vs State of
Rajasthan & others: S.B. Civil Writ Petition No.2156/2007, decided
(2 of 3) [CW-8734/2016]
on 05.09.2008 and while allowing the writ petition relied on
following part of the judgment:
"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."
The aforesaid judgment passed in the case of Sohan Lal
Mathur has been followed in many other matters by this Court.
In view of the above legal position, present writ petition is
also allowed, with direction to the respondents that the petitioner
is entitled for Second Selection Scale in the pay scale of Rs.5000-
8000 instead of Rs.4000-6000 by applying order dated
17.02.1998 (Annx.3) issued by the State Government, with all
consequential benefits including grant of Third Selection Scale on
completion of 27 years of service, in the corresponding pay scale
of Rs.5500-9000 according to revised Pay Rules of 2008.
(3 of 3) [CW-8734/2016]
The respondents are directed to comply with the order within
a period of three months from the date of this order.
No order as to costs.
(REKHA BORANA),J
60-AnilKC/-
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