IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR 1. S.B. CIVIL WRIT PETITION NO.3832/2012 Shyam Singh vs. State & Ors. 2.S.B. CIVIL WRIT PETITION NO.2902/2012 Shree Chand Verma vs. State & Ors. 3.S.B. CIVIL WRIT PETITION NO.5358/2012 Shravan Kumar Meena vs. State & Ors. 4.S.B. CIVIL WRIT PETITION NO.5359/2012 Gugan Ram vs. State & Ors. 5.S.B. CIVIL WRIT PETITION NO.3870/2012 Mahendra Singh Shekhawat vs. State & Ors. 6.S.B. CIVIL WRIT PETITION NO.2919/2012 Surat Ram vs. State & Ors. 7.S.B. CIVIL WRIT PETITION NO.5335/2012 Guru Charan vs. State & Ors. 8.S.B. CIVIL WRIT PETITION NO.3848/2012 Ishwar Singh vs. State & Ors. 9.S.B. CIVIL WRIT PETITION NO.3889/2012 Shiv Kumar Sharma vs. State & Ors. 10.S.B. CIVIL WRIT PETITION NO.13232/2012 Noratmal Soni @ Nortanmal Soni vs. State & Ors. Date of order : 25/09/2012. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Ashok Joshi ) Shri Sanjay Rahar) for the petitioners. Shri Chetan Bairwa, Addl. Govt. Counsel for the respondents.
Grievance raised in these petitions is whether while granting first selection grade as well as second selection grade petitioners can be fixed in the same pay scale of Rs.4000-6000. Petitioners were appointed on the post of Helper and substantively converted on the post of Pump Driver-II. They were to get first promotion as Pump Driver-I and in the avenue of promotion as per the Rules, the second promotion was on the post of Foreman-II and third promotion to the post of Foreman-I. Some of the petitioners were directly appointed on the post of Pump Driver-II. For the first category of petitioners, the post of Pump Driver-I was the avenue of second promotion, whereas for later category of petitioners, post of Pump Driver-I was the first category of promotion. After revision of the pay scale, the pay of Pump Driver-I was fixed in the pay scale of Rs.4000-6000. The next promotion is on the post of Foreman-II for which also the pay scale was Rs.4000-6000. It is at this stage that the petitioners felt aggrieved and approached this Court with the prayer that they are entitled to selection scale on the post of Foreman Gr.II, in lieu of promotion in the pay scale higher than Rs.4000-6000 because the promotion was not actually granted. If the post of Pump Driver-I carries the same pay scale, the promotion/grant of selection scale on the post of Foreman Gr.II should involve a higher pay scale. Learned counsel in support of his arguments has relied on the judgement of coordinate bench of this Court in Sohan Lal Mathur vs. State of Rajasthan & Ors., S.B. Civil Writ Petition No.3631/2008 decided on 17.11.2008 wherein relying on the judgement of this Court in Sharvan Kumar vs. State of Rajasthan & Ors., S.B. Civil Writ Petition No.2156/2007 decided on 5.9.2008. The said judgement of Sohan Lal Mathur, supra was upheld by the division bench in D.B. Special Appeal (W) No.607/2010 decided on 19.5.2011.
It would be evident from the above that in such cases where the pay scale of the post of promotion is the same as that of earlier cases, the cases were to be regulated by table in para 5 of the notification dated 25.1.1992. The unrevised pay scale of the post of Pump Driver-I was Rs.1200-2050 which when revised would come to Rs.4000-6000. The next pay scale of the post of of Foreman-II was Rs.1200-2050, which was made Rs.4000-6000 and for next promotion post of Foreman-I was Rs.1400-2600, which was revised to Rs.5000-8000. It was therefore that petitioners would be entitled to pay scale of Rs.5000-8000 as the second selection scale on completion of 18 years of service and Rs.5500-9000 as third selection scale on completion of 27 years of service.
Shri Chetan Bairwa, learned Additional Government Counsel though opposed the writ petition but could not distinguish the aforesaid judgement of this Court.
In view of above, the writ petitions are allowed. The respondents are directed to mutatis mutandis apply the judgement of this Court in the case of Sohan Lal Mathur, supra as upheld by division bench of this Court in the case of petitioners and extend them the same benefits with consequential benefits together with interest @ 6% per annum.
Compliance of the judgement be made within a period of three months from the date copy is this order is produced before the respondents.
(MOHAMMAD RAFIQ), J.
RS/29-37 All corrections made in the judgement/order have been incorporated in the judgement/order being emailed.
(Ravi Sharma,P.A.