Mardan Ali Khan vs Ajmer Vidhyut Vitran Nigam Ltd
2023 Latest Caselaw 2917 Raj

Citation : 2023 Latest Caselaw 2917 Raj
Judgement Date : 12 April, 2023

Rajasthan High Court - Jodhpur

Mardan Ali Khan vs Ajmer Vidhyut Vitran Nigam Ltd on 12 April, 2023

Bench: Dinesh Mehta

[2023/RJJD/009831]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15671/2018

Mardan Ali Khan S/o Taj Mohammad Khan, Aged About 64 Years, By Caste Musalman R/o Kagari Colony, Ward No. 1, Reni Gate Ke Pass, Merta, District Nagaur.

----Petitioner Versus

1. Ajmer Vidhyut Vitran Nigam Ltd., Through The Secretary, Vidhyut Bhawan, Panchseel Nagar, Makarwali Road, Ajmer.

2. The Chief Account Officer (R And C), Ajmer Vidhyut Vitran Nigam Ltd. Hathi Bhatta Power House, Ajmer.

3. The Superintending Engineer, Ajmer Vidhyut Vitran Nigam Ltd., Banswara (Raj.).

4. The Assistant Engineer, Ajmer Vidhyut Vitran Nigam Ltd., Medta City, District Nagaur (Raj.).

                                                                  ----Respondents


For Petitioner(s)          :     Mr. C.S. Bissa
For Respondent(s)          :     Mr. Vipul Dharnia for Mr. Dhanesh
                                 Saraswat



                       JUSTICE DINESH MEHTA

                                      Order

12/04/2023
I.A. No.1/2020, 1/2021 and 1/2022:

1. These applications for early listing of the case have been

rendered infructuous.

2. Dismissed accordingly.

I.A. No.1/2023:

The application seeking early listing of the matter is allowed

considering that the writ petition is covered by the Coordinate

Bench decision rendered in Pradeep Kumar Trivedi Vs. Ajmer

[2023/RJJD/009831] (2 of 3) [CW-15671/2018]

Vidhyut Vitaran Nigam Ltd. & Ors. : D.B. Civil Special Appeal

No.1330/2014, decided on 28.03.2016.

The matter is taken up for consideration today itself.

S.B. Civil Writ Petition No. 15671/2018

1. Learned counsel for the parties submit that the issue raised

in the present writ petition is squarely covered by judgment in the

case of Pradeep Kumar Trivedi v. Ajmer Vidhyut Vitaran Nigam

Limited & Ors. : D.B. Civil Special Appeal No. 1330/2014, decided

on 28.03.2016.

2. In the case of Pradeep Kumar Trivedi (supra) it was laid

down and directed by the Division Bench as under:-

"Having considered the facts of the case, we do not find any merit with the defence extended by the respondents. The appellant-petitioner, as already stated was employed as a Class IV employee on 7.12.1974 and was promoted as LDC w.e.f. 29.6.1989. As per the order dated 25.1.1992, second and third selection grades were required to be given to him on completion of 18 & 27 years of service respectively. The appellant-petitioner completed 18 years of service on 11.12.1992 and therefore, he was entitled for grant of selection grade on that day.

Similarly, he completed 27 years of service on 11.12.2001 and as such, he became entitled to receive third selection grade from that day. The respondents in the light of order dated 25.1.1992, under the order dated 14.8.2012 allowed the selection grades to the appellant- petitioner as per his entitlement. The same was withdrawn under the order dated 18.12.2012 without assigning any reason.

The stand of the respondent is that the appellant- petitioner is not entitled for selection grades being promoted in the year 1989. In this regard it shall be relevant to mention here that the order dated 25.1.1992 nowhere restricts its application for Class IV employees only. The order dated 25.1.1992 is applicable for Class IV employees and employee serving in Ministerial and subordinate service. The appellant-petitioner after becoming LDC was a member of ministerial service and therefore, he was certainly entitled for grant of selection grade on completion of 9 years of service in that cadre.

In view of it, the claim of the appellant-petitioner for grant of selection grade on completion 18 years of service

[2023/RJJD/009831] (3 of 3) [CW-15671/2018]

as well as 27 years of service as granted under the order dated 14.8.2012 (Annex.-9) is justified.

Accordingly, the petition for writ is allowed. The orders dated 28.8.2012 (Annex.10) and dated 30.3.2015 (Annex.15) passed by the Superintending Engineer (O&M), Ajmer Vidhyut Vitran Nigam Limited, Banswara withdrawing the selection grades awarded to the appellant-petitioner are set-aside. The order dated 14.8.2012 (Annex.-9) stands restored. The appellant-petitioner is declared entitled to have second selection grade w.e.f. 11.12.1992 and third selection grade w.e.f. 11.12.2001. The respondents are directed to make fixation of the appellant- petitioner's pay by giving the selection grades expeditiously as far as possible within a period of three months from today. The respondent shall also revise the pension. The appellant-petitioner shall be entitled for all consequential benefits including cash payment of arrears accrued.

No order as to costs."

3. In view of the submissions made by learned counsel for the

parties, the writ petition filed by the petitioner is allowed. The

petitioner is held entitled for 3rd selection grade in the same terms

as in the case of Pradeep Kumar Trivedi (supra).