1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.4828/2007. : : Devi Shankar Tailor Vs. State of Rajasthan & Ors. : : Date of Order 18.3.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Abhishek Sharma for the petitioner. Mr. Pradeep Kalwania, Addl.Govt.Counsel for the State. Heard learned counsel for the parties. 2. This writ petition has been filed with the prayer that respondents be directed to grant benefit to the petitioner of all three selection scales on completion of 9, 18 & 27 years of service in terms of Circular of Finance Department, Government of Rajasthan dated 25.1.1992 and accordingly modify their order dated 3.3.2006 by which they merely granted him benefit of third selection scale on completion of 27 years of service w.e.f. 25.1.1992. 3. Petitioner was initially appointed with respondents on the post of Fieldsman on 23.5.1995. He was then posted 2 on the post of Plant Conservator, which post was later re- designated as Agriculture Supervisor. He attained the age of superannuation and retired on 30.4.1992. 4. Shri Abhishek Sharma, learned counsel for the petitioner has argued that in terms of Government Circular dated 25.1.1992 petitioner was entitled to be granted all three selection scales on completion of 9, 18 & 27 years of service, but the petitioner did not receive single promotion in his service career. It was contended that since petitioner was fixed in the scale of Rs.1400-2600/- at the time of promulgation of Government Circular dated 25.1.1992 and he did not have educational qualification of higher education on the post of Agriculture Supervisor his case would be governed by Para No.4 of the said circular, which provides that in case of the employees who do not possess academic qualifications prescribed for promotion and in respect of the isolated posts, selection scale shall be in the pay scales indicated therein corresponding to existing pay scale. 5. Shri Pradeep Kalwania, learned Additional Government Counsel has opposed the writ petition and submitted that petitioner has already been granted the 3 benefits of 9, 18 & 27 years of service vide order dated 13.6.2007, copy whereof is on record at Annexure-R/1. It was contended that writ petition be dismissed in terms of Para No.5 of the Circular dated 25.1.1992. 6. Learned counsel for the petitioner has rejoined and submitted that he also relied on Para No.4 of the said circular, but submitted that the respondents in passing the order dated 13.6.2007 have not granted correct pay scale to the petitioner on completion of 9, 18 & 27 years of service. 7. Having heard learned counsel for the parties and perused the material on record, I find that it is a common case between the parties that petitioner was fixed in the pay scale of Rs.1400-2600/- at the time when the circular dated 25.1.1992 was issued. According to Para No.4 of the said circular, the first selection scale, wherever admissible in terms of this order, shall be the pay scale of the next promotion post in the same service/Cadre i.e. Class-IV Ministerial, Subordinate Service; provided that in case there is no next promotion post in the same service/cadre or the employee does not possess academic qualification prescribed for promotion and in respect of the isolated posts, the first 4 selection grade shall be the pay scale corresponding to his existing pay scale as specified in Para No.5. Similarly prescribtion for selection scale also in Clause (ii) of Para 4 it is provided that second selection grade, wherever admissible, in terms of circular shall be the pay scale of the second promotion post available to that employee in the same service/cadre provided that in case the second promotion post available to the employee in the same service/cadre carries a pay scale higher than the pay scale of Rs.2200- 4000/- or there is no second promotion post in the same service/cadre or the employee does not possess academic qualifications, prescribed for promotion and in respect of the isolated posts, the second selection grade shall be the pay scale corresponding to his existing pay scale as specified in Para No.5. Similar prescribtion is made for third selection scale in Clause (iii) of Para No.4. Grievance of the petitioner is that when he was already in pay scale of Rs.1400-2600/- which is the Scale No.12 at that time as per serial No.12 of table given below of Para No.5 (supra) in those cases the post of Assistant Agriculture Officer, not being the post in State service, petitioner was liable to be granted selection scale of Rs.1640-2900/- whereas the respondents have illegally granted him the selection in the same pay scale of 5 Rs.1400-2600/-. Not only this, the respondents have granted second selection scale to the petitioner on completion of 18 years of service again in pay scale of Rs.1400-2600/-, which would mean that even though the petitioner who has been facing stagnation and throughout service career holding post of Agriculture Supervisor and getting Rs.1400-2600/- would get first selection and second selection scale in that very scale there being no advancement in his service career. As per table given below Para No.5, therefore, the petitioner was to be granted first selection scale in the scale of Rs.1640-2900/- (Scale No.13) and thereafter as per Serial No.14 of that table, at the stage of second selection scale he would get the scale of Rs.2000-3200/- (Scale No.14) and correspondingly at the stage of third selection scale, as per Serial No.15, he would get the Scale No.15 of Rs.2000- 3500/-. This would be so because the petitioner did not possess the academic qualification prescribed for promotion and therefore in his case Paras No.4 & 5 of the circular dated 25.1.1992 would be applicable. In the result, this writ petition is allowed. The respondents are directed to issue fresh order for granting first, second and third selection scale to the petitioner in terms of aforesaid discussions and accordingly revise his pay 6 scale and pay him arrears thereof together with interest @ 9% per annum as per provisions of Rule 89 of Rajasthan Civil Service (Pension) Rules. Compliance of this judgment be made within a period of three months from the date its copy is produced before the respondents. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.26.