1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.297/2005 (Shankar Lal Vs. State of Raj. & Ors.) Date of order : 2.9.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Mukesh Vyas, for the petitioner. Mr. Rameshwar Dave, for the respondents. Heard learned counsel for the parties. In this case, the petitioner is claiming selection scale which is prescribed by the State Government for the Work Charge employees after completion of 9, 18 and 27 years of service. The case of the petitioner is that he was declared semi permanent on the post of Mate after completion of two years of service although the petitioner has not submitted any documentary evidence but the respondents have filed certain documents 2 including certified copy of service book of the petitioner. In the Service Book, the first entry of appointment has been shown as शकरलल म ट, in the second column, it is shown as "स य" and in seventh column, the date of appointment is shown as 1.1.1956. Meaning thereby, as per documentary evidence filed by the respondents, the petitioner was initially appointed as Mate on 1.1.1956, which is admittedly prior to promulgation of the Work Charge Rules, 1964. The petitioner was further promoted on the post of Mistri as per channel of promotion provided in the Work Charge Rules vide order dated 17.11.1978 as evident from the service book of the petitioner. Meaning thereby, in whole of the service tenure, the petitioner was provided one promotion on the post of Mistri. Therefore, according to the Circular dated 4.3.1998 issued by the Government for granting three promotional benefits after completion of 9, 18 and 27 years of service was to be given to the petitioner but in whole of his service tenure only one promotion and one selection scale was given to the petitioner vide order dated 17.11.1978 and dated 21.7.2001 (Annexure- 2) respectively. In this view of the matter, the petitioner is entitled to be considered for grant of selection scale as per Circular dated 4.3.1998 by the Government for granting three selection scales after completion of 9, 18 and 27 years of service to the work charge employee. Admittedly, the denial of 3 second selection scale to the petitioner is totally unfounded, therefore, respondents are directed to calculate the service period of the petitioner w.e.f. 1.1.1956 on the post of Mate and thereafter, re- consider the matter of grant of selection scale to the petitioner and while doing so, the fact of promotion on the post of Mistri may be taken into account. Learned Dy. Govt. Counsel submitted that the petitioner was initially appointed as Beldar. Thereafter, he was promoted on the post of Mate in the year 1963 and as per Work Charge Rules, 1964, the post of Mate may be filled in 100% by promotion only. In my opinion, the statement made by learned Dy. Govt. Counsel is totally baseless because Work Charge Rules were made applicable in the year 1964 whereas as per service book of the petitioner his initially appointment has been shown w.e.f. 1.1.1956 on the post of Mate when Work Charge Rules were not in existence. In this view of the matter, the petitioner is entitled for three selection scale as per Circular dated 4.3.1998, if no promotion is granted in the service. Admittedly, the petitioner was granted one promotion in the year 1978 on the post of Mistri and third selection scale on 21.7.2001 after completion of 27 years of service. Therefore, the petitioner is 4 still entitled for second selection scale as per the notification issued by the State Government. Accordingly, the respondents are directed to reconsider and to pass fresh order for granting benefit of selection scale as per Circular issued by the Government for granting selection scale in lieu of promotion while taking into account first appointment on the post of Mate w.e.f. 1.1.1956 and first promotion on the post of Mistri on 17.11.1978. The respondents are directed to grant all consequential benefits including arrears and revised pension within a period of three months from the date of receipt of certified copy of this order. No order as to costs. With the aforesaid observation/direction, this writ petition is disposed of. (GOPAL KRISHAN VYAS), J. arun