CWP-688/07 (1) In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Civil Writ Petition No.688/2007 Director, Technical Education, Jodhpur Vs. Hajari & Ors. Date Of Order :: 03/08/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. R.P. Singh, AAG, for petitioner. Mr. Anand Sharma, for respondent. Instant petition has been filed by the State of Rajasthan assailing the order of the Tribunal dt.20.6.06 whereby the Tribunal directed the petitioner to fix the pay-scale of the respondent in regard of Pump Mechanic and may also be given the benefit of selection scale in accordance with Rules. Respondent employee initially joined as daily wager in work charge cadre and acquired semi permanent status w.e.f. 1/1/1979 and after completion of ten years of service he was made permanent and regularized and finally absorbed in the cadre of Class-IV working as a Pump Mechanic. It appears that after he was permanent and absorbed in regular service, benefit of protection pay was not extended to him, at this stage he earlier approached Service Appellate Tribunal by filing appeal no.1113/1997 which was decided on 13.5.1999 and it was held by the Tribunal that respondent employee while working in the cadre of Class-IV is entitled for protection of pay which he was CWP-688/07 (2) drawing at the time in the permanent establishment and benefit thereof be also paid to him within three months along with interest @ 12%. It will be relevant to observe here that the order passed by the Appellate Tribunal dt.13.5.99 in appeal no.1113/97 attained finality. However, respondent again approached the Tribunal with the grievance that benefit of selection scale after completion of 9-18-27 years of service was not granted to him in terms of the order of the Tribunal. However, after hearing counsel for the parties, the order impugned dt.20.6.06 was passed by the Tribunal directing the petitioner to grant benefit of selection scale of the post of Pump Mechanic which he held in the work charge cadre. Learned Additional Advocate General submits that the learned Tribunal while deciding the appeal preferred by the respondent has not made it clear about the period of work charge service to be computed for grant of selection scale in terms of circular dt.25.1.92. Counsel for respondent has placed before this Court a circular issued by the Government dt.4.3.98 making clarification that in work charge cadre employee is entitled to grant of selection scale from the date he CWP-688/07 (3) acquired semi permanent status. In the instant case, respondent employee got semi permanent status w.e.f.1/1/79 and obviously made him entitled for grant of benefit of selection scale from acquiring semi permanent status. Taking note thereof, the submission made by the counsel for petitioner, does not hold good. Consequently, the petition is devoid of merit and accordingly dismissed. However, it is made clear that respondent employee will be entitled to grant of benefit of selection scale on completion of 9-18-27 years of service from the date he acquired semi permanent status w.e.f.1.1.79 and after due computation arrears may also be paid to him within three months. No cost. (Ajay Rastogi),J. VS Shekhawat/-p.3 688cw07Aug03FnlDsps.doc