1 S.B.CIVIL WRIT PETITION NO.1562/2003 Chandra Prakash Gehlot v. State of Rajasthan & Ors. Date of Order :: 18th January, 2007 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. M.R.Singhvi, for the petitioner. Mr. B.L.Tiwari, Deputy Government Advocate. .... By this petition for writ a direction is sought by the petitioner for the respondents to fix his pay in the pay scale of Rs.1025-1800 with effect from the date he became entitled for first selection grade on completion of 9 years of service and further to fix his pay in the pay scale of Rs.5000-8000 on completion of 18 years of service. While hearing of the case counsel for the petitioner has confined his argument to the extent of grant of pay scale of Rs.5000-8000 as second selection grade on completion of 18 years of service. In brief, facts of the case are that the petitioner is holding the post of Hostel Superintendent in the Department of Social Welfare and by an order dated 12.8.2002 the pay scale of Rs.3400- 5200 was given to him as second selection grade on completion of 18 years of service. 2 The grievance of the petitioner is that being a Hostel Superintendent an avenue for promotion is available to him to the post of Welfare Inspector having the pay scale of Rs.5000-8000, therefore, under the order dated 12.8.2002 the selection grade of Rs.3400-5200 was erroneously given to him and the same required to be substituted by the pay scale of Rs.5000-8000. In reply to the writ petition it is stated by the respondents that there is a categorisation of various hostels and Hostel Superintendents appointed to various categories of hostels are entitled for different pay scales. The petitioner being a Hostel Superintendent in group “F” hostel was at first instance accorded with the pay scale of Rs.1025-1800, the pay scale pertaining to “E” category hostels and thereafter on completion of 18 years of service the pay scale of Rs.3400-5200 was given to him in accordance with his entitlement. In rejoinder, it is stated by the petitioner that under the Rajasthan Social Welfare Subordinate Service Rules, 1963 (hereinafter referred to as the “Rules of 1963”), the rules regulating service conditions of the petitioner, there is no categorisation of Hostel Superintendents as suggested by the respondents in their reply. It is also pointed out by the petitioner that the Hostel Superintendents 3 are liable to be transferred from one hostel to another irrespective of their categorisation and the strength of the habitants at the hostel concerned. Certain instances are also quoted by the petitioner in para 6 of the rejoinder pertaining to transfers of Hostel Superintendents from one category to another. Heard counsel for the parties. The Government of Rajasthan under a notification dated 25.1.1992 with a view to remove stagnation in service prescribed that a government servant on completion of 9, 18 and 27 years of service shall be entitled for getting selection grade if during the period aforesaid no promotion is given to him. It is also made clear that the selection grade shall be the pay scale pertaining to the promotional post. For the posts where no promotion avenue is available or the isolated posts, the government servants are entitled for the pay scale corresponding to their existing pay scale as specified in para 5 of the notification dated 25.1.1992. The Governor of Rajasthan while exercising powers under proviso to Article 309 of the Constitution of India framed the Rules of 1963 to regulate recruitment to the posts in and the conditions of service of persons appointed to Rajasthan Social Welfare Subordinate Service. The post 4 of Hostel Superintendent is a part of cadre created under Rule 4 of the Rules of 1963. A Hostel Superintendent under the Rules of 1963 is having an avenue for promotion to the post of Welfare Inspector i.e. prescribed under group “C” to the schedule appended with the rules. In view of the Rules of 1963 the petitioner was having an avenue for promotion to the post of Welfare Inspector and, therefore, in accordance with the notification dated 25.1.1992 he is entitled to get the pay scale for that a Welfare Inspector is entitled under the relevant pay rules. It is not in dispute that the pay scale at the relevant point pertaining to the post of Welfare Inspector was of Rs.5000-8000. In view of the discussion made above, the respondents were required to make fixation of the petitioner's pay in the pay scale of Rs.5000-8000 on completion of 18 years of service. The reason given by the respondents for giving the pay scale of Rs.3400- 5200 to the petitioner on basis of categorisation of hostels is absolutely irrelevant in present case as under the notification dated 25.1.1992 the selection grade required to be given on completion of 18 years of service is the pay scale related to the promotional post. In result, this petition for writ succeeds and, therefore, the same is allowed. The action of the 5 respondents for grant of pay scale of Rs.3400-5200 under the order dated 12.8.2002 as second selection grade to the petitioner w.e.f. 18.10.2000 is declared illegal. The respondents are directed to allow the pay scale of Rs.5000-8000 to the petitioner from the day he has completed 18 years of service i.e. 18.10.2000. No order to costs. ( GOVIND MATHUR ),J. kkm/ps.