Rajasthan High Court - Jodhpur
Kirti Ben Sharma vs State Of Rajasthan And Ors on 27 July, 2022
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17132/2017
Kirti Ben Sharma W/o Shri Gouri Shankar Sharma, R/o 11, Om
Nagar, Near Technocrat Gas Godam, Bhadwasiya, Rajeev Nagar,
D Sector, Jodhpur, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan Through The Secretary,
Department Of Technical Education, Government Of
Rajasthan, Secretariat, Jaipur, Rajasthan.
2. The Secretary, Department Of Finance, Government Of
Rajasthan, Jaipur.
3. The Director, Technical Education, Government Of
Rajasthan, Jodhpur.
4. The Deputy Secretary, Technical Education, Government
Of Rajasthan, Jaipur.
----Respondents
For Petitioner(s) : Mr. Vardha Ram Choudhary
For Respondent(s) : Mr. Indu Shekhar Pareek, G.C.
HON'BLE MS. JUSTICE REKHA BORANA
Order
27/07/2022
The present writ petition has been filed with the following
prayers:
"(i) The respondents may kindly be directed to
give benefit of Selection Scale under CAS
Scheme to the petitioner by considering
her eligible for the same in pursuance to
the order dated 01.09.2010 (Annex.8)
issued by the Deputy Secretary, Technical
Education Rajasthan, Jaipur.
(ii) The deny of the benefits of Selection Scale
under CAS to the petitioner on the ground
that she does not possess M.Lib. Degree
may kindly be declared illegal and
(2 of 4) [CW-17132/2017]
arbitrary, she is serving before 1.09.1996
much earlier than the Rule issued i.e. from
13.03.1990.
(iii) The respondents may kindly be directed to
extent to the benefit of selection scale as
per CAS Scheme w.e.f. 01.09.2007, the
arrears accrued in favour of the petitioner
as consequence of her fixation under said
scales may be paid to him with interest @
12% per annum."
It is the case of the petitioner that earlier when the benefit of
the Career Advancement Scheme (CAS) was not granted to the
petitioner, she preferred a writ petition before this Court which
was disposed of on 16.01.2015 in light of the judgment passed in
S.B. Civil Writ Petition No.6889/2012; Pradeep Kumar Vs.
State of Rajasthan and Ors. decided on 31.08.2014.
In Pradeep Kumar's case (supra), it was held as under:
"In view of the above, the writ petitions
are allowed.
The respondents are directed to grant
benefit of Senior Scale/Selection Grade to the
petitioners without insisting upon the
aforesaid requirement from the date they
otherwise became entitle to that and arrears,
if any, be paid to the petitioners along with
interest @ 6%. Compliance of this order be
made by the respondents within three
months. Stay applications also stand disposed
of."
In pursuance to the order dated 16.01.2015, the Senior
Scale was granted to the petitioner but the Selection Grade was
not granted. Aggrieved against the same, the present writ petition
has been filed.
Learned counsel for the petitioner submitted that the
Selection Grade was not granted to the petitioner on the premise
that she did not fulfill the eligibility criteria as she possessed less
(3 of 4) [CW-17132/2017]
than 55% marks in B.Com. Examination and also did not possess
the degree of M.Lib. Learned counsel submitted that the similarly
situated employees who also did not possess the above
qualifications were granted the Selection Grade and therefore,
only the petitioner cannot be differentiated. Learned counsel
submitted that she also deserves to be granted the benefit at par
with the other similarly situated employees. Learned counsel
further placed on record the Office order dated 31.05.2016
whereby the benefit of Senior Scale and the Selection Grade was
granted to 12 other similarly situated employees.
Per contra, learned counsel for the respondents submitted
that the petitioner did not possess the required eligibility for grant
of Selection Grade and therefore, she was rightly denied the
benefit of same. Learned counsel submitted that the SLP against
the orders passed in the matters of similarly situated persons
namely Mahesh Kumar Meena and others is pending before the
Hon'ble Apex Court and therefore too, the petitioner also is not
entitled for the benefit of Selection Grade.
Heard learned counsel for the parties and perused the
material available on record.
A bare perusal of the order dated 16.01.2015 makes it clear
that while disposing of the writ petition of the petitioner, the
benefit of Senior Scale/Selection Grade was directed to be granted
to the petitioner. Meaning thereby, only one of the said benefit
could have been granted and that has already been granted to the
present petitioner. However, rightly or wrongly, both the benefits
of Senior Scale as well as Selection Grade have admittedly been
granted to more than 17 similarly situated employees by the
Department. Further, the SLP, as stated by the counsel for the
(4 of 4) [CW-17132/2017]
respondents to be pending before the Hon'ble Apex Court, had
also been dismissed vide order dated 10.03.2017, a copy of which
has been placed on record by the counsel for the petitioner today.
In view of the fact that the benefit of Senior Scale as well as
Selection Grade has already been granted by the Department to
similarly situated employees, the petitioner cannot be
differentiated from the said employees and in parity, she also
deserves to be granted the benefit of Selection Grade.
The present petition is therefore disposed of with a direction
to the respondent Department to grant the benefit of Selection
Grade to the petitioner w.e.f. 01.09.2007. Necessary orders be
passed by the respondent Department within a period of three
months from the date of receipt of this order.
All pending applications also stand disposed of.
(REKHA BORANA),J
Ashutosh-Abhishek 123(S)
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