CW 2619/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.2619/08 Ramesh Chand Kanthariya Versus State & Ors. DATE OF ORDER : 18/08/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Amit Jindal, for petitioner Mr. J.K. Agrawal, Addl. Govt. Counsel *** Instant petition has been filed by petitioner assailing order Ann.10 29th October, 2007 whereby grant of selection scale on completion of 9 & 18 yrs. of service was revised by the respondents without compliance of principles of natural justice. Petitioner joined service in workcharge cadre as Munshi and was declared semi-permanent under Workcharge Service Rules as Munshi w.e.f. 1st June, 1978 vide order dt.15th September, 1978 and was declared permanent w.e.f. 1st June, 1986 vide order Ann.2 dt.11th May, 1990. Taking note of the date from which he was declared semi-permanent, he was considered for grant of selection scale on completion of 9, 18 & 27 years of service in terms of notification of the Government dated 25th January, 1992 vide order Ann.4 dt.3rd July, 2000. So far as grant of third selection scale on completion of 27 yrs. of service is concerned, CW 2619/08 [2] taking note of service from the date he was declared semi-permanent i.e. 1st June, 1978 that too was sanctioned vide order Ann.6 dt.27th February, 2007, but the order of third selection scale was withdrawn on 15th March, 2007 and so far as first & second selection scale are concerned which was granted on completion of 9 & 18 yrs. of service that too was revised vide order Ann.10 dt.29th October, 2007. Counsel for petitioner submits that as regards grant of selection scale to the employees who are members of workcharge cadre and their entitlement under circular of the Government dt.25th January, 1992 has been examined by this court in Vasudeo Sharma Vs. State [2005 (9) RDD 3921] & Mohan Lal Vs. State of Rajasthan [2004 WLC UC [Raj.] 276] where it has been observed that members of workcharged service cadre are also entitled for benefit of selection scale in terms of government notification dated 25th January, 1992 and what has been later observed by the respondents in their circular dt.4th March, 1998 is a clarification made but their entitlement will not be deferred for grant of selection scale in the light of later notification made by the Government. CW 2619/08 [3] Respondents have filed reply to the writ petition wherein it has been averred that employees of workcharge cadre were not covered under the circular issued by the government dt.25th January, 1992 and their entitlement came into existence after circular issued by the Government dt.30th September, 1998. As such, service rendered by petitioner prior thereto for grant of benefit of selection scale has rightly been revised by the respondents under order impugned. I have considered the submission of both the counsel and perused the material available on record. While deciding CW No.9299/05, Smt. Lad Bai Vs. State & Ors., on 1st March, 2007 taking note of judgments [supra] this court directed the respondents to consider service rendered from the date incumbent was declared semi-permanent for grant of selection scale in terms of circular dt.25th January, 1992 and later circular dt.30/9/98 issued by the government is a mere clarification which will not defer atleast entitlement of workcharged cadre for grant of selection scale under the circular of the Government dt.25th January, 1992. CW 2619/08 [4] Since controversy is no longer res integra, in view of judgments [supra], writ petition stands allowed. The orders Ann.10 dt.29th October, 2007 & Ann.11 dt.29th January, 2008 are hereby quashed and set aside and the respondents are directed to consider the case of the petitioner for grant of selection scale on completion of 9, 18 & 27 years of service from the date he was declared semi-permanent i.e. 1st June, 1978 with all consequential benefits. Respondents may ensure compliance within three months. No order as to costs. [AJAY RASTOGI], J. FRBOHRA2619CW2008 18-8.doc