1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.5753/2006 (Kanti Lal Vs. State of Raj. & Ors.) Date of order : 26.8.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Manoj Bhandari, for the petitioner. Mr. Arjun Singh Rathore, Dy. Govt. Counsel. Heard learned counsel for the parties. In this case, the petitioner has prayed for directions to the respondents to grant benefit of third selection scale after completion of 27 years of service while counting service period from his initial appointment as work charge employee w.e.f. 1.7.1970 with all consequential benefits. The case of the petitioner is that he was initially appointed as Gangman on 1.7.1970 and he was conferred the status of semi permanent in the pay scale of Rs.60-1-65-2-85 w.e.f. 1.8.1972. The 2 petitioner was further granted benefit of Rajasthan Civil Services (Revised Pay Scale) rules, 1976 and his pay was fixed at Rs.243/- in the pay scale of Rs.240- 290. The contention of learned counsel for the petitioner is that though the petitioner was initially appointed in the Work Charge Cadre but he was performing duties of Patwari in the Irrigation Department, which is evident from the certificate issued by Assistant Engineer, Sub-Division, Jodhpur. The case of the petitioner is that after passing patwar examination, the petitioner was given substantive appointment as patwar vide order dated 16.12.1976 and thereafter benefits of revised pay scale rules as promulgated by the Government were granted from time to time but third selection scale as provided vide circular cum notification dated 25.1.1992 after completion of 27 years of service was not allowed to the petitioner on the ground that the petitioner was initially appointed in work charge cadre and thereafter, he was appointed as patwari, which is different cadre then the cadre of work charge establishment. Learned counsel for the petitioner vehemently argued that for the purpose of granting selection scale, the respondents are under obligation to calculate the entire service period of an employee 3 with effect from his initial entry into service. Further, it is submitted that admittedly, the petitioner was appointed on the post of Gangman on 1.7.1970 and later on he was appointed as patwari in the Irrigation Department itself, therefore, for the purpose of grant of third selection scale, his entire service period right from 1.7.1970 shall be counted. On the other hand, learned Dy. Govt. Counsel vehemently argued that the petitioner is not entitled for third selection scale because in the notification issued by the Finance Department on 25.1.1992, it is specifically provided in para-3 that the service of 9, 18 or 27 years, as the case may be, shall be counted from the date of first appointment in the existing cadre/service in accordance with the provisions contained in the recruitment rules. Para-3 of the notification dated 25.1.1993 is as follows : “3. The service of nine, eighteen or twenty seven years, as the case may be, shall be counted from the date of first appointment in the existing cadre/service in accordance with the provisions contained in the Recruitment Rules; Provided that if an employee subsequent to his first appointment to a post in a cadre/service, as a result of direct recruitment, is appointed to some other post in the same cadre or any other cadre, service from the date of latter appointment shall be taken into consideration for the purpose of 4 grant of Selection Grade; Provided further that if an employee subsequent to his first appointment to a post in a cadre/service, in accordance with provision contained in the relevant Service Rules, is promoted to a post in some other cader, service from the date of such promotion shall be taken into consideration for the purpose of grant of the Selection Grade; Provided further that in the case of an employee who is declared surplus and absorbed against a new post, the service of nine, eighteen or twenty seven years, as the case may be, shall be deemed to have been completed on the date on which his immediately junior Employee completes that period of service or on completion of service from the date of appointment to the post held before absorption, whichever is later.” Therefore, admittedly when the petitioner was initially appointed in the Work charge cadre as Gangman and later on he was appointed as Patwari then it is obvious that the petitioner has changed his cadre, therefore, at the time of granting selection scale in accordance with notification dated 25.1.1992, the service period is required to be counted from the date of appointment in the existing cadre, the petitioner was appointed as patwari on 16.12.1976 after passing patwar examination then obviously the petitioner can claim his right of calculating his service period for the purpose of selection from the 5 date of appointment as patwari. It is further argued that though the petitioner was appointed as patwari on 16.12.1976 but he has joined the duties as patwari on 23.12.1976, therefore, he was rightly denied the benefit of third selection scale after completion of 27 years of service. The petitioner was superannuated from the post of patwari w.e.f. 1.1.2002 and till that date, he had not completed 27 service of service in the existing cadre as such the petitioner is not entitled for third selection scale. I have perused the entire pleadings of the case, so also the notification dated 25.1.1992. Upon perusal of para-3 of the notification dated 25.1.1992, it emerges that the benefit of selection scale after completion of 9, 18 and 27 years of service is to be given to the employee after calculating the service period in the existing cadre. Obviously the petitioner was initially appointed on the post of Gangman and later on he was appointed on the post of patwari, which is totally different cadre then the work charge cadre. Therefore, in my opinion, as per para-3 of the notification dated 25.1.1992, his service is required to be calculated from the date when he was provided appointment as patwari. Hence, the petitioner is not entitled for third selection 6 scale as per para-3 of the notification dated 25.1.1992. Accordingly, this writ petition is dismissed with no order as to cost. (GOPAL KRISHAN VYAS), J. arun