Rajasthan High Court - Jodhpur
Surendra Singh Mehta vs Rajasthan Civil Services Tribunal, ... on 17 April, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:18847]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10558/2020
Surendra Singh Mehta S/o Shri Bhadur Mal Mehta, by caste
Mehta, Aged About 64 Years, New Mahaveer Colony Sector 4,
Udaipur (Raj.)
----Petitioner
Versus
1. Rajasthan Civil Services Tribunal, Jaipur, Circuit Bench
Jodhpur Through Its Registrar, Mini Secretariat, Bani Park,
Jaipur.
2. The Chief Engineer (Administration), Public Health
Engineering Department, Government Of Rajasthan,
Jaipur.
3. The Superintending Engineer, Public Health Engineering
Department, Circle Udaipur District Udaipur (Raj.)
4. The Assistant Engineer, Public Health Engineering
Department, Revenue Sub Division Ii Udaipur (Raj.)
----Respondents
For Petitioner(s) : Mr. C.S. Bissa
For Respondent(s) : Mr. P.S. Chundawat
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
17/04/2025
The present writ petition has been filed with the following
prayers:-
"(i) Record of appeal no.758/2018 be called for and
Order dated 29.07.2019 passed in appeal no.758/2018
by Rajasthan Civil Service Appellate Tribunal (Annexure-
1) be quashed and set aside and prayer made in memo
of appeal be allowed.
(ii) Petitioner be declared strore munshi from the date he
completes two years of service satisfactorily i.e.
01.04.1982 with all consequential benefits and be
declared entitled for all 3 selection scales on completion
of 9, 18 & 27 years of service by counting it from
01.04.1982 and also be declared entitled for encashment
of 300 earn leave as per Annexure-6 dated 07.08.2019
with interest.
[2025:RJ-JD:18847] (2 of 3) [CW-10558/2020]
(iii) Respondents be directed to issue revised P.P.O. and
also be directed to pay arrears with interest."
Learned counsel for the petitioner submits that the petitioner
was working as a work charge employee in the respondent-
Department since 1980 and he was declared as a semi permanent
employee (as a helper) with effect from 01.04.1982. He further
submits that since the services of the petitioner was not
regularized and he was not granted the regular pay scale,
therefore, he approached this Court by way of filing a writ petition
being S.B. C.W.P. No.3453/1994 which was disposed of by this
Court vide order dated 26.05.1995 and the respondent was
directed to grant the petitioner minimum of the pay scale in the
lowest pay applicable for the post of LDC/Store Munshi from the
date of filing the writ petition and a direction was also given to
consider the case of the petitioner for regularization. He further
submits that thereafter the petitioner was regularized on the post
of Store Munshi with effect from 16.04.1994. Thereafter, after
attaining the age of superannuation, the petitioner was retired
from the services. He further submits that the petitioner thereafter
was again declared as semi permanent employee (as a helper)
with effect from 16.04.1996. Learned counsel submits that in
these circumstances, the petitioner filed an original application
before the Rajasthan Civil Services Appellate Tribunal for grant of
selection scale and leave encashment. However, the same was
dismissed vide order dated 29.07.2019. Learned counsel for the
petitioner further submits that there are number of circulars of the
State Government in which the benefits on selection scale has
been granted to the persons who are similarly situated to the
petitioner. He further submits that the services rendered by those
persons as work charged employee has also been taken into
consideration while computing the period for grant of selection
[2025:RJ-JD:18847] (3 of 3) [CW-10558/2020]
scale. He further submits that in the case of State of Rajasthan Vs.
Pyaare Lal Jaatv decided on 15.04.2013 by the Division Bench of
this Court it has been held that the period spent by the employees
as work charged employees shall be taken into consideration while
computing the period for grant of selection scales. He, therefore,
prays that the petitioner may be permitted to file a detailed
representation before the respondents for redressal of his
grievances and the respondents may be directed to consider and
decide the same expeditiously.
Learned counsel for the respondents submits that in case
such representation is filed, the same shall be considered and
decided in accordance with law.
Considering the submissions made by the counsel for the
parties, the present writ petition is disposed of with the liberty to
the petitioner to file a detailed representation before the
respondents and the respondents are directed to decide the same
at the earliest preferably within a period of six weeks from the
date of receipt of such representation, strictly in accordance with
law.
Needless to say that the petitioner will be free to submit all
the circulars of the State Government as well as judgment passed
by the Division Bench in the case of Pyaare Lal Jaatv (supra).
(VINIT KUMAR MATHUR),J
255-Payal/-
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