Rajasthan High Court - Jodhpur

Sohanlal Bagri Bagria vs State And Ors on 4 December, 2023

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

[2023:RJ-JD:39099]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 1037/2005

Sohanlal Bagri Bagria
                                                                    ----Petitioner
                                     Versus
State And Ors.
                                                                  ----Respondent


For Petitioner(s)          :     Mr. Vipul Dharnia a/w Mr. Udit Mathur.
For Respondent(s)          :     Ms. Bhawna Jangid.



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Judgment

Reserved on 08/11/2023 Pronounced on 04/12/2023

1. The matter pertains to the year 2005, thus, was listed under

the category "Oldest Cases for Early Disposal".

2. This writ petition has been preferred under Article 226 of the

Constitution of India claiming the following reliefs:

"It is therefore mostly humbly and respectfully prayed that by appropriate writ order or direction it is most humbly and respectfully prayed that:-

The present petition may kindly be allowed. The petitioner may be held entitled for grant of selection grade as soon as he completes 18 years of service from the date of his initial appointment. The respondents be further directed to make the payment of the above benefit along with the interest @18% per annum on the above arrears to the petitioner forthwith.

That any other order which this Hon'ble Court deems just and proper in the facts and circumstances of the case, may kindly be passed in favour of the Petitioner.

[2023:RJ-JD:39099] (2 of 6) [CW-1037/2005]

That costs of the petition may be awarded in favour of the petitioner."

3. Brief facts of the case, as placed before this Court by learned

counsel for the petitioner, are that the petitioner was appointed as

a Teacher on temporary basis vide office order dated 07.08.1979

passed by the Development Officer, Panchayat Samiti, Sahada,

District, Bhilwara, and accordingly, joined his duties on

09.08.1979. Subsequently, another order came to be passed by

the Development Officer on 26.07.1984, whereby the petitioner

was selected from the temporary working teachers and was given

appointment in the third pay scale (490-840), while keeping him

on probation for a period of two years.

3.1. Thereafter, vide office order dated 12/19.04.1990, in

accordance with the decision taken in a meeting of Distribution

and Administration Standing Committee, the petitioner was

confirmed on the post of Teacher Grade III from the date of initial

appointment i.e. 09.08.1979.

3.2. Subsequently, the Government of Rajasthan vide order dated

25.01.1992 prescribed the selection grades for the employees in

Class IV, Ministerial and Subordinate Services and those holding

isolated posts and fixation of pay in the selection grades, in

pursuance of the same, such persons became entitled for grant of

selection grades after putting in 9, 18 and 27 years of service;

accordingly, the petitioner was given the benefit of first selection

grade vide order dated 28.10.1992, wherein the date i.e.

09.08.1979 was considered as the date of appointment; however

[2023:RJ-JD:39099] (3 of 6) [CW-1037/2005]

the petitioner has been denied the benefit of second selection

grade upon completion of 18 years of service. Thus, being

aggrieved of denial of the benefit of second selection grade, the

present petition has been preferred claiming the afore-quoted

reliefs.

4. Learned counsel for the petitioner submitted that a circular

was issued on 31.07.2001 whereby the Government of Rajasthan

had made it clear that a person shall be entitled for grant of

selection grade from the date of appointment itself, thus the

action on part of respondents in not granting the benefit of second

selection grade was illegal, unjust and contrary to law.

4.1. It was further submitted that the petitioner was appointed

after following due process of law and thus, was entitled to the

benefit of the second selection grade after completion of 18 years

of service from the date of his initial appointment and the said

date of appointment had already been confirmed vide the order

dated 12.04.1990, thus there was no reason for denying such

benefit to the petitioner from the initial date of appointment.

5. On the other hand, learned counsel for the respondents,

while opposing the submissions made on behalf of the petitioner,

submitted that the instant petition deserves to be dismissed as

the issue in question could have been raised before the learned

Rajasthan Civil Services Appellate Tribunal by way of an appeal.

5.1. It was further submitted that the initial appointment of the

petitioner was not made after following the due process of law, as

the then Development Officer had ordered engagement of the

petitioner as a stop gap arrangement, and that, the Development

[2023:RJ-JD:39099] (4 of 6) [CW-1037/2005]

Officer was not a competent authority to grant such appointment,

instead the petitioner was selected by the duly constituted

Selection Board vide order dated 26.07.1984, thus the petitioner's

regular appointment was to be treated from the said date.

5.2. It was also submitted that Clause 3 of the Circular dated

25.01.1992 provided that 9, 18 and 27 years of service shall be

counted from the date of first appointment in the existing

cadre/service in accordance with the provisions contained in

recruitment rules, and the same was applicable only to regularly

appointed employees; in furtherance, the petitioner was wrongly

granted the benefit of first selection grade.

6. Heard the learned counsel for the parties as well as perused

the record of the case.

7. This Court observes that the petitioner was appointed on the

post of Teacher on temporary basis vide order dated 07.08.1979

and joined for his duties on 09.08.1979; thereafter vide order

dated 26.07.1984, the petitioner was selected from the temporary

working teachers and appointed as a Teacher on probation for a

period of two years and was granted in the third pay scale; an

order was issued on 12.04.1990 whereby the petitioner was

appointed on permanent basis as a Teacher in third pay scale

along with all consequential benefits. Thereafter, the petitioner

was granted first selection grade as per the aforementioned

circular of the Government of Rajasthan, however was denied the

second selection grade.

8. This Court further observes that the petitioner was appointed

as a Teacher in the third pay scale on permanent basis with effect

[2023:RJ-JD:39099] (5 of 6) [CW-1037/2005]

from the date of joining i.e. 09.08.1979 vide the aforesaid office

order dated 12.04.1990 along with all consequential benefits; the

relevant portion of the said office order dated 12.04.1990 is

reproduced as hereunder:

"dk;kZy; vkns"k fordj ,oa iz"kklu LFkk;h lfefr dh cSBd fnukad 28-03-90 ds fu.kZ; vuqlkj fuEu v/;kidksa dks muds uke ds le{k vafdr fnukad ls gh r`rh; osru J`a[kyk esa v/;kid ds in ij LFkk;hdj.k fd;k tkrk gSA ,oa bl lacaf?kr lHkh izdkj ds ykHk ns; dh Lohd`fr iznku dh tkrh gSA

dze uke v/;kid izFke fu;qfDr fnukad tc ls LFkk;hdj.k la[;k fnukad fd;k x;k 6- Jh lksguyky ckxjh 9-8-79 9-8-79 "

9. This Court also observes that in pursuance of the order No.

F.20 (1) FD (GR.2)/92 Government of Rajasthan, Finance (Gr. 2)

Department dated 25.01.1992 prescribing the Selection Grades -

9, 18 and 27 years, the petitioner was granted the First Selection

Grade vide order dated 28.10.1992 wherein the service of nine

years was counted from the initial date of his appointment i.e.

09.08.1979 and the pay of Rs.1320/- was increased to Rs.1400/-.

10. This Court further observes that though the respondent

authorities themselves regularized the services of the petitioner

from the date of initial appointment i.e. 09.08.1979 along with all

consequential benefits and further granted the first selection grade

counting the petitioner's services from the aforesaid date as well,