1 S.B.CIVIL WRIT PETITION NO. 2266/2007 Smt. Kanchan Devi Vs. State of Raj. & Ors. Date of Order :: 3.12.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr Mukesh Rajpurohit, for the petitioner/s. Mr C.S. Ojha, for the respondents. ... By an order dated 20.10.1993 an appointment was given to the petitioner as Gram Sewika in the pay scale of Rs.950-1680. The service of the petitioner stood affirmed on 12.1.1998. A tentative seniority list was declared by the Deputy Director (Admn.), Women and Child Development Department, Government of Rajasthan, Jaipur on 12.10.1998 wherein name of the petitioner is shown at S.No.95. The respondents as per the notification dated 25.1.1992 allowed selection grades to one another Gram Sewika Smt. Renu Mathur w.e.f. 4.11.2002. The grievance of the petitioner is that aforesaid Renu Mathur is junior to her in the cadre of Gram Sewika, and therefore, the selection grades as allowed to Smt. Renu are also required to be given to her on completion of nine years of service on the post of Gram Sewika. It is pointed out by learned counsel for the petitioner that the selection grade applied for Smt. Renu is Rs. 5000-8000/- from the pay scale of Rs.3000-4590/- (pre revision 1400-1600/-). 2 As per the respondents, some amendment is under consideration in the Rules regulating recruitment to the post of Gram Sewika, therefore, the selection grade was not extended to the petitioner. So far as the fact regarding the grant of selection grade to Smt. Renu Mathur is concerned, that has not been disputed by the respondents. With regard to her it is stated that selection grades were given before the proposed amendments, and as such, the grant of selection grade to her was not effected. Heard counsel for the parties. It is not in dispute that the petitioner as well as Smt. Renu are holding the post of Gram Sewika and Smt. Renu Mathur before getting selection grade was running in the pay scale of Rs.5000-8000/-. It is also not in dispute in the seniority list issued by the respondents that the petitioner stands on higher pedestal vis-a-vis Smt. Renu Mathur. The only reason given by the respondents for denying selection grades to the petitioner is that some amendment in the Rules regulating recruitment to the post of Gram Sewika is under the consideration. It is strange that the respondents have extended selection grades to a person who was at lower pedestal in the seniority list of Gram Sewikas than the petitioner and now are denying the same relief due to proposed amendment in the Rules regulating recruitment to the post of 3 Gram Sewika. This can not be a just reason to deny selection grades to the petitioner. The respondents are required to extend selection grades to the petitioner on the promotion post available under the Rules regulating recruitment, otherwise the discrimination among the equals shall be on face. In the event the post of Gram Sewika is isolated one the respondents are required to give selection grades as per para 5 of notification dated 25.1.1992 issued by the Government of Rajasthan. In the instant matter from perusal of the record it is apparent that the pay scale of Rs. 5000-8000 is given to a person similarly situated that is Smt. Renu Mathur, therefore, the petitioner is certainly entitled for getting the same pay scale as selection grade on the date she completed nine years of service. Accordingly, this petition for writ is allowed. The respondents are directed to allow selection grade to the petitioner as per the Government of Rajasthan notification dated 25.1.1992 on completion of nine years' of service on the post of Gram Sewika by maintaining parity with Smt. Renu Mathur. The respondents are required to execute the directions aforesaid within a period of three months from today. (GOVIND MATHUR), J. Jgoyal '