CWP 4805/2K //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No. 4805/2000 Raghunath S.Shekhawat Versus Director Local Bodies & Municipal Board Srimadhopur (Sikar) Date of Order ::: 01/05/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Ajay Gupta, for petitioner Ms Jyotsna Wahane for Mr. KN Gupta, for respondents. Instant petition has been filed with a limited grievance that petitioner was holding qualification of Diploma of Local-Self Government while in service but two advance increments, to which he was entitled for in terms of Circular dt.19/07/82 were not extended in his favour. Petitioner was initially appointed as Sub-Nakedar on 01/06/1966 on compassionate grounds but was regularised as Nakedar as per his qualification and promoted to the posts of Asstt. Revenue Inspector & Inspector and finally retired from service. On acquiring qualification of Diploma of LSG, petitioner was granted one special increment but his grievance is that in terms of Circular dt.19/07/82, he was entitled for two advance increments in addition to one increment for passing Diploma from LSG. CWP 4805/2K //2// Respondents in their reply inter-alia averred that notification on which petitioner placed reliance, was only confined to such employees who were holding non-technical posts; as such benefit as claimed for cannot be extended to him. Alongwith rejoinder, notification dt. 13/12/96 has been filed which clarified in reference to earlier Circular dt.15/11/95 – a copy whereof has been produced in course of arguments, on the basis whereof, Counsel submits that these notifications make the petitioner entitled for grant of special increments. In the instant petition, petitioner initially claimed for selection scale which makes him entitled for on completion of 27 years' service but in course of arguments, Counsel has confined his submission only with regard to grant of advance increments on the basis of his qualification of Diploma from LSG, alone. The post held by petitioner is included in Schedule appended to the Rajasthan Municipal (Subordinate & Ministerial Service) Rules, 1963 in category of “Revenue”. Under notification dt.19/07/82 (Ann.1), as per para CWP 4805/2K //3// (iv)(a), it was confined only to non-technical subordinate municipal employees for whom the diplomas were not essential qualification for the post they held, in order to draw two extra increments, as was further clarified vide notification dated 15/11/95 and dated 13/12/96 (Ann.6), whereby distinction between technical and non-technical wing stands deleted – as a result whereof, all employees whosoever acquired qualification of LSG Diploma, became entitled for grant of two advance increments. Notification No.4671/ dated 21/10/95-15/11/95 reads as under : “In supersession of this department order No.F.7(3)()/DLE/77/ 2729-2970 dated 10/07/82, the State Government is pleased to make the following amendments in the said order: - 1.The word “except concession No. (1) and (V) appearing in first and second line of paras 2 of the said order shall be deleted. 2. The following new para 5 shall be added below para 4 of the said order. “(4) The municipal employee who already possess Diploma LSGD YSI courses prior to their appointment CWP 4805/2K //4// shall be given advance increment under item 4(b) of para 1.” A conjoint reading of aforesaid notifications making clarification by subsequent Circulars, does not make distinction among posts held by non-technical or technical employees of municipalities. Petitioner got one increment under those notifications which also makes him entitled for two additional special increments under notification dated 10/07/82 (Ann.1) clarified vide notifications dt.15/11/95 & dt. 13/12/96 (Ann.6). Consequently, writ petition succeeds and is hereby allowed. Respondents are directed to grant two additional increments in favour of petitioner which he is entitled for on acquiring qualification of LSG diploma, with all consequential benefits. In compliance with aforesaid directions, the arrears after due computation be paid to him within three months. No order as to costs. (Ajay Rastogi), J. K.Khatri/p.4/4805CW2K-08.doc