IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: ORDER :: Satya Narain Sewak Vs. Rajasthan State Road Transport Corporation & Ors. D.B. CIVIL SPECIAL APPEAL (W) NO.107/2010. Date of Order :::: 21st July 2010. PRESENT HON’BLE THE CHIEF JUSTICE MR. JAGDISH BHALLA HON’BLE MR. JUSTICE DINESH MAHESHWARI Mr. B.R. Bishnoi for Mr. B.K. Vyas, for the appellant. <><> BY THE COURT: This intra-court appeal is directed against the order dated 24.02.2009 passed in CWP No. 907/2001 whereby the learned Single Judge allowed the writ petition filed by the respondent-Rajasthan State Road Transport Corporation ('RSRTC') against the award dated 15.05.2000 passed by the Industrial Disputes Tribunal, Bikaner and held the appellant entitled for selection grades on completion of requisite years of satisfactory service, to be counted from the date of his initial appointment in the cadre of LDC in place of the date of his initial appointment on the post of Conductor. The relevant aspects of the matter are that the appellant raised an industrial dispute whereupon the matter was referred to the Tribunal on the question of validity and legality of the 1 action of the respondent-RSRTC in not granting him the benefit of selection grades upon completion of 9, 18 and 27 years of service. After adjudication, the Tribunal answered the reference in favour of the appellant to the effect that denial of selection grade upon completion of 9 years of service from his initial date of appointment on the post of Conductor was illegal and directed the respondent-employer RSRTC to grant the selection grades accordingly. The case of the employer- RSRTC had been that though selection grades were being allowed pursuant to the order issued on 27.04.1993 and though the appellant was appointed on the post of Conductor on 03.10.1981 but later on, he was appointed on the post of LDC by the order dated 25.04.1988; and thus, he was not found eligible for grant of first selection grade under the order dated 27.04.1993 for having not completed 9 years of service from the date of his appointment on the post of LDC. The Tribunal disagreed with the employer and directed granting of selection grade while counting the period of service from 03.10.1981, the date of his initial appointment on the post of Conductor. In the writ petition preferred by RSRTC against the award aforesaid, the learned Single Judge found the controversy in the case concluded by a Division Bench decision of this Court in the case of Rajasthan State Road 2 Transport Corporation Vs. Bal Mukund Sharma & Ors. (SAW No. 55/2004, decided on 03.04.2008) and said,- “Since the controversy involved in the instant writ petiton stands concluded by a Division Bench decision in Rajasthan State Road Transport Corporation Vs. Bal Mukund Sharma & Ors. (supra) and the facts of this case are almost identical to that of Rajasthan State Road Transport Corporation Vs. Bal Mukund Sharma & Ors. (supra), therefore, in my view, there is no reason to take different view than that of taken by the Division Bench of this Court. In the circumstances, therefore, the award impugned Annexure-6 directing the writ petitioner to the extent that the respondent-Workman is entitled to the benefit of first, second and third selection scale in pursuance of the circular dated 27th April, 1993 w.e.f. 3rd October, 1981, the date of his initial appointment on the post of Conductor, cannot be sustained and is liable to be quashed. Accordingly, the award impugned Annexure-6 is set aside to the extent it has been directed that the respondent-Workman is entitled to the benefit of first, second and third selection in pursuance of the circular dated 27th April, 1993 w.e.f. 3rd October, 1981, the date of his initial appointment on the post of Conductor. It is made clear that the respondent-Workman is entitled for the selection scale on completion of 9, 18 and 27 years of satisfactory service under the circular dated 27th April, 1993, which shall be counted from the date of his appointment in the cadre of LDC i.e. 25th April, 1988.” It is contended on behalf of the appellant that he was initially appointed on the post of Conductor but was placed for discharging the duties of LDC w.e.f. 25.04.1988 by an order issued by the RSRTC on its own. It is submitted that the cadre of Conductor and that of LDC carry the same pay-scale and no special benefit is attached to either of the posts; and that the posts are inter-changeable. It is thus suggested that the date of the appellant's initial appointment as Conductor ought to have been taken as the first date of appointment for the purpose of granting selection grades. We are unable to agree. 3 The appellant, having been offered appointment in the cadre of LDC from 25.04.1988 and having consciously accepted the same, in our opinion, cannot claim counting of the services rendered by him as Conductor for the benefit of first selection grade in the cadre of LDC. The selection grades are essentially given to the employees who are deprived of promotion in the existing cadre during the period of 9, 18 and 27 years of services respectively. Even in terms of the order dated 27.04.1993, the period is to be calculated with reference to the number of years of service in the existing cadre held by the employee. It is also made clear in the proviso to paragraph 3 of the said order that upon an employee being appointed to some other post in the same cadre or any other cadre, services from the date of later appointment shall be taken into account for the purpose of grant of selection grade. In the aforesaid view of the matter, we do not find any error or illegality when the learned Single Judge has interfered in the award made by the Tribunal and directed counting of the services from the date of first appointment of the appellant in the cadre of LDC. The appeal fails and is, therefore, dismissed. (DINESH MAHESHWARI), J. (JAGDISH BHALLA), CJ. Mohan/ 4