Rajasthan High Court - Jodhpur
Jetha Ram vs State Of Rajasthan (2024:Rj-Jd:36670) on 3 September, 2024
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2024:RJ-JD:36670] (1 of 3) [CW-12780/2024]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
S.B. Civil Writ Petition No. 12780/2024
Jetha Ram S/o Shri Jasa Ram, Aged About 60 Years, R/o Riyan
Setha Ki, Tahsil - Pipar City, District - Jodhpur, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Water Resources Department, Government Of Rajasthan,
Secretariat, Jaipur.
2. The Joint Secretary, Finance Rules Department Of
Finance, Government Of Rajasthan, Secretariat, Jaipur.
3. The Chief Engineer (H Q And I.T.), Water Resources
Department, Rajasthan, Jaipur.
4. The Chief Engineer, Water Resources Department,
Rajasthan, Jaipur.
5. Assistant Engineer, Water Resources Department, Sub
Division, Bilara, District Jodhpur (Raj.).
6. The Dy. Director, Pension And Pensioners Welfare
Department, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Ram Lal Gora.
For Respondent(s) : Mr. Milap Chopra.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
03/09/2024
Learned counsel for the respondent fairly submits that the
controversy is squarely covered by the judgment passed by this
Court in Harphool Singh & Anr. Vs. State of Rajasthan &
Ors.; S.B. Civil Writ Petition No.13130/2016 decided
alongwith other connected matters on 05.12.2022. The operative
portion of the order reads as under :-
[2024:RJ-JD:36670] (2 of 3) [CW-12780/2024]
"Heard learned counsel for the parties and perused the
material available on record.
It is an admitted position that the petitioners were
originally the employees of the IGNP Department and were
regularised w.e.f. 01.01.1998 while in service with the IGNP
Department. The logic and reasoning behind the issuance of the
order dated 25.04.2012 is that because of the Work Charged
cadre being declared as dying cadre, the Mate working with the
IGNP Department could not have been granted promotion on the
next promotional post and therefore they were held entitled to
be promoted as Work Supervisor Gr.I and to be entitled to the
grade pay payable to Work Supervisor Gr.I. The same was for
the reason (5 of 7) [CW- 3130/2016] that the Mate and the
Work Supervisor Gr.II were declared to be the equivalent post
and the promotional post of Work Supervisor Gr.II was Work
Supervisor Gr.I.
The order dated 25.04.2012 issued by the Finance
Department specifically directed that the same would come into
force w.e.f. 01.01.1998. Admittedly, the petitioners were the
employees of IGNP on 01.01.1998and thus, had accrued a right
in their favour with effect from that date. They can subsequently
not be discriminated only on the ground that they had been
transferred to the Water Resources Department in the year
2011. It is clear on record that the Mate working with the IGNP
and the Mate working with the Water Resources
Department/CAD were appointed on equivalent post and were
governed by the same Service Rules at the first instance i.e. at
the time of their appointment. It is also clear on record that the
Mate of both the Departments were discharging the same duties
and while passing the order in the year 1995, it was specifically
found that the post of Mate was equivalent to the post of Work
Supervisor Gr.II as both were performing/discharging the same
duties. It is only because of the said fact andreasoning that they
were held entitled to the promotional post of Work Supervisor
Gr.I and were granted the benefits by virtue of order dated
25.04.2012. This Court cannot find a single point, logic or
reason to discriminate between the services of the petitioners
and the services of the Mate working with the IGNP Department.
A mere transfer from IGNP Department to Water Resources
Department, which also is a Branch of the IGNP Department,
cannot disentitle the petitioners from the benefits which had
accrued in their favour in the year (6 of7) [CW-13130/2016]
1998 when admittedly they were working with the IGNP
Department.
In State of Madhya Pradesh Vs. Seema Sharma; Civil
Appeal No. 3892/2022, decided on 12.05.2022 the Hon'ble Apex
Court while dealing with the similar issue held as under: -
"23. The fixation of scales of pay is a matter of
policy, with which the Courts can only interfere in
exceptional cases where there is discrimination
between two sets of employees appointed by the
same authority, in the same manner, where the
[2024:RJ-JD:36670] (3 of 3) [CW-12780/2024]
eligibility criteria is the same and the duties are
identical in every aspects."
Keeping into consideration the above observation of the
Hon'ble Apex Court, this Court is of the clear opinion that the
present matters do fall within the parameters as laid down by the
Hon'ble Apex Court. This is a specific case wherein keeping into
consideration the said parameters, the Court definitely ought to
interfere as here is a clear discrimination between the employees
appointed by the same authorities, in the same manner, wherein
the eligibility criteria was also the same and duties are also
identical in all the aspects.
So far as the clarification dated 20.05.2016 is concerned,
the contents or the facts of the same were never pleaded in reply
to the writ petition nor was the said document placed on record.
Therefore, the same could not have been refuted or controverted
by the petitioners. Even otherwise, this Court is of the specific
view that the clarification dated 20.05.2016 cannot be held to be
valid as the same specifically discriminates between two set of
employees of the same parent department.
In view of the above observations, the present writ
petitions are allowed. The respondent authorities are directed to
grant the benefit of the three selection grades to the petitioners
on the promotional post of Work Supervisor Gr.I on the same
terms, as granted to the Mate of the IGNP Department. The
essential orders be passed within a period of three months from
the date of receipt of the present order.
All the pending applications also stand disposed of. "
In light of the aforequoted judgment, the present writ
petition is allowed on the same terms and the respondent
authorities are directed to grant the benefit of the three selection
grades to the petitioners on the promotional post of Work
Supervisor Gr.I on the same terms, as granted to the Mate of the
IGNP Department. The essential orders be passed within a period
of three months from the date of receipt of the present order.
All the pending applications also stand disposed of.
(VINIT KUMAR MATHUR),J
582-AnilSingh/-
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