Rajasthan High Court
Anil Kuamr Rawat vs State Of Raj And Ors ... on 19 October, 2023
Bench: Anoop Kumar Dhand
[2023:RJ-JP:31178]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 6613/2007
Shri Anil Kumar Rawat, S/o Shri Anand Swaroop Rawat, aged 54
years, presently working as Inspector Executive, Cooperative
Department, R/o Opp. Nawrang Bhawan, Diggi Mohalla, Beawar,
District Ajmer.
----Petitioner
Versus
1. State of Rajasthan through Secretary Cooperative,
Secretariat, Jaipur
2. Registrar, Cooperative Societies, Sahkar Bhawan, 22-Godown,
Jaipur.
3. Assistant Registrar, Cooperative Societies Beawar, District
Ajmer.
----Respondent
For Petitioner(s) : Ms. Dhriti Sharma &
Ms. Radhika Meharwal on behalf of
Mr. Kunal Rawat
For Respondent(s) : Mr. Hari Barath
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
19/10/2023
By way of filing of this writ petition, the petitioner has
challenged the order dated 08.06.2007 by which recovery orders
have been passed against the petitioner.
Counsel submits that the petitioner was appointed on the
post of Inspector Grade-II on 12.09.1978 and his services were
regularized on 22.02.1992. Counsel submits that the benefit of
first and second selection scale was granted to the petitioner on
completion of 9 and 18 years of service in the year 1993 and
1996. Counsel submits that the petitioner was entitled to get 3 rd
[2023:RJ-JP:31178] (2 of 3) [CW-6613/2007]
selection scale on completion of 27 years of service i.e. on
25.09.2005. Counsel submits that the respondents were not
justified in passing the impugned order and issuing recovery
notices against the petitioner on the pretext that the petitioner is
entitled to get the benefit of selection scale with effect from his
date of regularization not with effect from the date of his initial
appointment. Counsel submits that under these circumstances,
interference of this Court is warranted.
Per contra, learned counsel for the respondents opposed the
arguments raised by the learned counsel for the petitoner and
submitted that as per the Circular/Notification issued by the
Department of Finance, the respondents have not caused illegality
in passing the impugned order dated 08.06.2007. Counsel submits
that it is a well settled proposition of law that a government
servant is entitled to get the benefit of selection scale with effect
from the date of regularization not from the date of initial
appointment, hence interference of this Court is not warranted.
Heard rival submission made at the Bar and perused the
material available on record.
Admittedly, the petitioner was appointed on the post of
Inspector Grade-II on 12.09.1978 and his services were
regularized on the said post on 22.02.1992. It appears that the
benefit of first and second selection scale were granted to the
petitioner in the year 1993 and 1996 by counting his services for
all these benefits with effect from his initial date of appointment.
Hon'ble Apex Court in the cases of State of Rajasthan Vs.
Jagdish Narain Chaturvedi, reported in (2019) 12 SCC 49
and Surendra Mohnot Vs. State of Rajasthan, reported in
[2023:RJ-JP:31178] (3 of 3) [CW-6613/2007]
(2014) 14 SCC 77 has categorically held that an employee is
entitled to get benefit of selection scale with effect from the date
of his regularization not from the date of initial appointment. At
the same time, the Hon'ble Supreme Court has issued directions
to the authorities to not to recover the amount received by the
employees on account of wrong calculation of the period of
service, the employees cannot be blamed for getting the aforesaid
benefits as the benefits were extended by the authorities itself.
In view of the judgments passed by Hon'ble the Supreme
Court in Jagdish Narain Chaturvedi (supra) and Surendra
Mohnot (supra), the impugned order stands modified. The
respondents are directed not to recover the amounts so received
by the petitioner.
Accordingly, the writ petition stands disposed of.
(ANOOP KUMAR DHAND),J
RAJAT/245
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