SBCWP NO.7245/05. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.7245/2005. Durga Singh Chouhan and ors. Vs. State and others Date of Order : 18/8/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri V.B. Srivastava for the petitioner. Shri S.L. Meena, Deputy Government Counsel. **** Heard learned counsel for the petitioner. 2) This writ petition has been filed by the seven petitioners, four of whom have since retired, with the prayer that respondents be directed to grant them benefit of Selection Scale on completion of 27 years of service w.e.f. 1/9/1998 in the pay scale of Rs.7500-12000 in place of 6500-10500. The pay scale was granted to them in order to remove stagnation for inability of the employer to confer upon them benefit of promotion as per the government circular dated 25/1/1992. 3) Learned counsel for the petitioners has invited attention of the court towards circular of the government dated 24/5/2000. The said circular has been issued by the Director Medical & Health Services, Jaipur. In para 3 thereof, it is clarified that those employees who were employed as Male Nurse Grade-II and those who have completed 27 years of service before SBCWP NO.7245/05. 2 1/9/1998, would be entitled to the pay scale of 7500-12000 instead of 6500-10500 originally sanctioned. Learned counsel also invited attention of the court towards the order of the government dated 19/7/2001 passed in the case of Ramesh Chandra Sharma, Male Nurse Grade-II and order dated 18/9/2002 passed in the case of Abdul Maziz, Male Nurse Grade-II and argued that case of the petitioners is exactly identical to these two persons who were also alike the petitioners originally appointed as Auxiliary Health Worker. 4) Respondents in reply to the writ petition have contested the claim of the petitioners and have submitted that petitioners were appointed as Auxiliary Health Worker which cadre was merged in the cadre of Male Nurse by the order of the government dated 23/9/1982. At that time, petitioners were granted one time promotion and were promoted as Male Nurse Grade-II. It is contended that since petitioners were not originally appointed as Male Nurse Grade-II and their initial appointment was on the post of Auxiliary Health Worker, hence, Notification dated 19/9/1998 would not apply to their case and benefit of pay scale of 7500-12000 as was given on completion of 27 years of service to other employees, could not be extended to the petitioners in facts of the case. It is further contended that the government order dated 30/1/1995 provided that for grant of selection scale, period of service of Auxiliary Health Worker has to be computed from the date of their initial appointment as Auxiliary Health Worker and accordingly, petitioners SBCWP NO.7245/05. 3 would be entitled to be fixed in the pay scale of 6500-10500. 5) Upon consideration of the arguments aforesaid and perusal of the documents forming part of the record, especially, the order of the government dated 30/1/1995 and the Circular dated 24/5/2000, it is clear that Circular dated 30/1/1995 was issued by the government according to which, the period of service rendered by the petitioners as Auxiliary Health Worker is not excluded for the purpose of calculating the requisite period of 9, 18 and 27 years of service. It was in that context that the said circular was issued. The Circular dated 24/5/2000 was issued by the Directorate of Medical & Health Department on the basis of notification of the government dated 19/9/1998 by which the scale payable on completion of 27 years of service to Male Nurse Grade-II who completed 27 years of service before 1/9/1998 was changed from 6500-10500 to 7500-12000. The true facts as asserted by the petitioners and not controverted by the respondents are that petitioners were appointed as Male Nurse Grade-II and they have also completed 27 years of service before 1/9/1998 and that they have been absorbed in that cadre, that is why, petitioners are claiming this benefit w.e.f. 1/9/1998. The respondents are not contesting the fact that similarly situated persons like one Shri Ramesh Chandra Sharma as per order of the Deputy Chief Medical & Health Officer Division Bandikui and Abdul Maziz as per order of the Deputy Chief Medical & Health Officer Sub Division Kishangarh, Ajmer have also been granted the SBCWP NO.7245/05. 4 benefit of scale of 7500-12000 on completion of 27 years of service. 6) In view of above, the action of the respondents in not granting the benefit of Selection Scale of pay of 7500-12000 upon completion of 27 years of service to the petitioners, is held to be not only arbitrary and illegal but also discriminatory. The petitioners have made out a case for issuing a mandamus to the respondents in the terms as prayed for. In the result, the writ petition succeeds and is accordingly allowed. The respondents are directed to grant all benefits of Selection Scale of 7500-12000 to each of the petitioners having been completed 27 years of service on or before 1/9/1998 in the pay scale of 6500-10500 as per the government notification dated 19/9/1998 as well as circular of the government dated 24/5/2000. (MOHAMMAD RAFIQ), J. anil/-