Rajasthan High Court - Jodhpur
Om Prakash Mathur vs State Of Rajasthan (2025:Rj-Jd:13768) on 12 March, 2025
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2025:RJ-JD:13768]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16661/2024
Om Prakash Mathur S/o Shri Moti Lal Mathur, Aged About 75
Years, R/o 23/625, Chb, Jodhpur Retired Pump Driver-I.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Public
Health Engineering Department, Government Of
Rajasthan, Jaipur.
2. The Chief Engineer (Admin.), Public Health Engineering
Department, Government Of Rajasthan, Jaipur.
3. The Superintending Engineer, Public Health Engineering
Department, Circle Jaisalmer, District Jaisalmer (Raj.).
4. The Assistant Engineer, Public Health Engineering
Department, Rural Sub Division Jaisalmer, District
Jaisalmer, Rajasthan.
5. The Rajasthan Civil Services Appellate Tribunal, At
Jodhpur J Through Registrar At Jaipur.
----Respondents
For Petitioner(s) : Mr. C.S. Bissa, through VC
For Respondent(s) : Mr. P.S. Chundawat
JUSTICE DINESH MEHTA
Order
12/03/2025
1. Learned counsel for the petitioner submitted that the
petitioner was appointed as Pump Driver-II and then promoted to
the post of Pump Driver-I. He argued that the pay-scale of
promotional post of Pump Driver-I is same as that of the feeder
post - Pump Driver-II and therefore, as per the judgment of this
Court in the case of Sohanlal Mathur vs. State of Rajasthan &
Ors. (S.B. Civil Writ Petition No. 3631/2008) decided on
[2025:RJ-JD:13768] (2 of 4) [CW-16661/2024]
17.11.2008, the respondents be directed to correct the pay-scale
of the petitioner.
2. In the case of Sohanlal Mathur (supra), this Court had held
thus:
"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 an avenue 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
nongrant 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
[2025:RJ-JD:13768] (3 of 4) [CW-16661/2024]
notification dated 25.1.1992 should have been
allowed to him as that adequately take care of
such circumstances."
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."
[2025:RJ-JD:13768] (4 of 4) [CW-16661/2024]
3. Learned counsel for the respondents is not in a position to
dispute the aforesaid position of facts and law.
4. The writ petition is accordingly allowed.
5. The respondents are directed to fix appropriate
pay-scale/pay-grade in light of the judgment dated 17.11.2008
passed in the case of Sohanlal Mathur (supra).
6. Accordingly, the respondents are directed to fix the
petitioner's pay-scale as Rs. 5000-8000 on completion of 18 years
of service and Rs.5500-9000 on completion of 27 years of service.
Needful be done within a period of three months from today.
7. Stay application also stands disposed of, accordingly.
(DINESH MEHTA),J
68-Mak/-
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