Rajasthan High Court - Jodhpur
Narendra Singh Panwar vs The State Of Rajasthan ... on 3 March, 2025
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2025:RJ-JD:11641]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 4025/2025
Narendra Singh Panwar S/o Shri Arya Dev Panwar, Aged About
55 Years, R/o Tana Ji Nagar, Gali No. 6, Bhajanganj, Ajmer,
Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Principal Secretary,
Department Of Home Affairs, Government Of Rajasthan,
Secretariat, Jaipur.
2. The Inspector General, Prisons, Rajasthan, Jaipur.
3. The Superintendent, Central Jail, Bikaner.
4. The Superintendent, Central Jail, Ajmer.
----Respondents
For Petitioner(s) : Mr. Hemant Dutt
For Respondent(s) : Mr. Govind Suthar
JUSTICE DINESH MEHTA
Order
03/03/2025
1. Learned counsel for the petitioner submits that the issue in
the present petition stands squarely covered by the judgment
passed by this Court in the case of Nemi Chand v. State of
Rajasthan & Ors., S.B. Civil Writ Petition No.3947/2017
(decided on 29.01.2018).
2. In Nemi Chand's case (supra), while relying upon the
judgment passed in Sohanlal Mathur v. State of Rajasthan &
Ors., S.B. Civil Writ Petition No.3631/2008 (decided on
17.11.2008), the Court held that in a case where a pay-scale of
the promotional post is same, then the employee is required to
[2025:RJ-JD:11641] (2 of 3) [CW-4025/2025]
receive the next higher pay-scale as per para-5 of the Notification
dated 25.1.1992.
3. Learned counsel appearing for the respondents is not in a
position to refute the above submission. He rather admits that the
issue would be covered by Nemi Chand's case (supra).
4. Heard learned counsels and perused the material available
on record.
5. In Sohanlal Mathur's case (supra), the Court held
asunder :
"The controversy involved in this petition for writ is
considered by this Court in Sharvan Kumar v. State of
Rajasthan & Ors., SB Civil Writ Petition No.2156/2007,
decided on 5.9.2008. In the case aforesaid the issue
was relating to grant of selection grade of a person
holding the post of Electrician Gr.I having anavenue for
promotion to the post of Foreman Gr.II in the same pay
scale. In the case aforesaid this Court held as follows:-
"As per the respondents the pay scale of post of
Foreman Gr.II was given to the petitioner on
completion of 18 years of service, however, it is
not in dispute that the pay scale of Foreman
Gr.II and the Electrician GR.I is same. The
Government of Rajasthan under the notification
dated 25.1.1992 allowed selection grades on
completion of a specific term of service with a
view to remove stagnation in service, due to
non grant of promotion. Promotion in service
means authority of higher post with higher
emoluments. The selection grade satisfies
higher emoluments only. If the government do
not grant even the higher emoluments then the
prescription of selection grade shall be of no
consequence. The prescription of same pay
scale on competition of 18 years of service as a
matter of fact is an illusory benefit and that is
not at all grant of selection grade with the spirit
of the notification dated 25.1.1992. The
petitioner though was not possessing the
requisite qualification for the purpose of
promotion to the post of Electrical Supervisor,
however, selection grade as per para 5 of the
notification dated 25.1.1992 should have been
allowed to him as that adequately take care of
such circumstances."
[2025:RJ-JD:11641] (3 of 3) [CW-4025/2025]
In the instant matter too the petitioner is holding the
post of Fitter Gr.I and the pay scale of Foreman Gr.II is
given to him. The pay scale applicable for the post of
Fitter Gr.I and Foreman Gr.II is same. As per para 5 of
the Government of Rajasthan's notifications dated
25.1.1992 and 17.2.1998, in such eventuality the
employee is required to receive the next higher pay
scale as prescribed in para 5 of the notifications
aforesaid. The petitioner as per para 5 of the
notification dated 25.1.1992 was entitled to receive
second selection grade i.e. of Rs. 1400-2600 instead of
Rs. 1200-2050. After revision of the pay scale the
petitioner become entitled to get his pay fixed in the
pay scale of Rs. 5000-8000 instead of Rs. 4000-6000.
As a consequent to the fixation of the selection grades
as above, the petitioner also become entitled for
fixation in the pay scale of Rs. 5500-9000 instead of
Rs. 5000-8000 on getting third selection grade i.e. on
completion of 27 years of service.
In view of whatever said above, this petition for writ
deserves acceptance and, therefore, the same is
allowed. The respondents are directed to allow
selection grade to the petitioner on completion of 18
years of service as per para 5 of the notifications dated
25.1.1992 and 17.2.1998. The petitioner is declared
entitled for getting the pay scale of Rs. 1400-2600(Rs.
5000-8000) as second selection grade on completion of
18 years of service and the pay scale of Rs. 5500-9000
on completion of 27 years of service as the third
selection grade. The entitlement as declared above is
required to be executed by the respondents within a
period of six months from today.
No order to costs."
6. In view of the ratio as laid down in the cases of Sohanlal
Mathur and Nemi chand (supra), the present writ petition is also
allowed.
7. The respondent - Department is directed to confer the
benefits to the petitioner within a period of three months from
today.
8. Stay application also stands disposed of, accordingly.
(DINESH MEHTA),J
21-Mak/-
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