1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.6842/1994 Sharada Vyas vs. State & Ors. Date of order : 20/1/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ None present for the petitioner. Shri Hemant Gupta, Addl. Govt. Counsel for the respondents. ****** This writ petition has been filed by the petitioner with the prayer that the respondents be directed to grant her selection scale with effect from 22.19.1993 when he completed 18 years of service and pay to her arrears of salary. The factual matrix of the case is that the petitioner was originally appointed as Junior Assistant in the office of the Rajasthan Land Development Corporation having established under the Rajasthan Land Development Corporation Act. The petitioner along with many others was declared surplus and relieved from the office of said Corporation on 2.1.1993 and their services were absorbed with the Rajasthan State Mineral Development Corporation, Jaipur. The petitioner was appointed in the Rajasthan State Mineral Development Corporation vide 2 order dated 24.12.1992. A perusal of the conditions nos.12, 15, 16, 17, 20 and 21 of the appointment order of the petitioner indicates that respondents decided to confirm the petitioner on the basis of seniority to be decided on his absorption. The balance of earned leave at his credit with the previous employer on his absorption with the new employer was transferred to the absorbing enterprise. He was directed to rank junior most in the cadre of Junior Assistant in the absorbee Corporation. None of the respondents have filed reply to the writ petition, however Shri Hemant Gupta, learned counsel appearing for the State has submitted that the appointment of the petitioner in the absorbee Corporation should be treated as fresh appointment and therefore he would not be entitled for benefit of any past service. The scheme of selection scale was introduced by the State vide its notification dated 25.1.1992 which was later superseded by subsequent notification dated 17.2.1998 issued by Finance Department of the State. Although in the earlier scheme, 3 there was no provision for the contingency like the present one, but in the subsequent notification, fourth proviso to clause-3 of the said notification has provided that in case an employee who has been transferred from one department to another department or from one Appointing Authority to another Appointing Authority within the same Department in public interest on at his own request or while serving in one department of the State Government is recruited directly in other department on the same post, the services of nine, eighteen or twenty seven years, as the case may be, shall be counted for the purpose of grant of Selection Grade from the date of initial regular appointment on the same post in accordance with the provisions contained in the relevant recruitment rules. The term `same post’ for the purpose shall mean post carrying the same designation and pay scale. It was however provided for the purpose of counting of service rendered in previous department/under previous appointment authority for grant of Selection Grade, if the pay of a junior Government servant becomes more than the pay of this senior, no 4 stepping up of pay of senior Government servant shall be permissible. The petitioner even though was assigned lower seniority in the absorbee Corporation, nevertheless his pay was protected as is evident from condition no.1 of the appointment order dated 24.12.1992. The case of the petitioner was therefore liable to be considered now in accordance with the fourth proviso to the aforesaid notification dated 17.2.1998. The writ petition is therefore disposed of with direction to the respondents to consider the case of the petitioner in the light of the said provision who may now pass fresh order, under intimation to the petitioner. However, even if the petitioner is granted the benefit of past service rendered in the previous employer, his scale with the absorbee Corporation would not be entitled to stepping up of pay. Copy of this order be endorsed to the petitioner for information. (MOHAMMAD RAFIQ), J. RS/