1 S.B.CIVIL WRIT PETITION NO.4000/1999 Abdul Aziz v. State of Rajasthan & Ors. Date of Order :: 23rd March, 2009 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. R.S.Saluja, for the petitioner. Mr. Vimal Mathur, for the respondents. .... Being appointed as Helper on work-charged basis, the petitioner entered in services of the Department of Public Health & Engineering, Government of Rajasthan. A fresh appointment subsequent thereto was given to him as Pump Driver Gr.II on 1.8.1970 and on completion of 10 years of service, the respondents conferred permanent status to him as per provisions of Rule 3(3) of the Rajasthan Work Charged Employees Service Rules, 1964 (hereinafter referred to as “the Rules of 1964”). The Government of Rajasthan by an order dated 20.9.1995 abolished the practice of employment under work-charged cadre and also decided to regularise services of existing work-charged employees by placing them in regular cadre of the Government of Rajasthan service. In light of the decision aforesaid the petitioner was taken in regular cadre vide an order dated 27.5.1995 w.e.f. 1.4.1994 on the post 2 occupied by him. After placement in regular cadre the respondents decided to allow selection grades to the petitioner as per Government of Rajasthan's decision dated 25.1.1992 by reckoning his service for the purpose of grant of selection grades w.e.f. 1.4.1994, thus, an appeal was preferred by him before Rajasthan Civil Services Appellate Tribunal for grant of selection grades by taking into consideration the entire services rendered by him even in work-charged cadre. The appeal aforesaid came to be decided on 6.4.1999 by learned Tribunal on basis of Government of Rajasthan's notification dated 4.3.1998 prescribing that services of the work-charged employees taken on regular cadre shall be reckoned for the purpose of grant of selection grades from the day semi permanent status was conferred to them. In view of the notification aforesaid the petitioner was declared entitled to get selection grades by computing his service term from the day semi permanent status was given to him as per the Rules of 1964. No order was passed by the Tribunal with regard to actual grant of arrears accruing to the petitioner as a consequent to grant of selection grades. By this petition for writ the petitioner is claiming payment of arrears accrued to him as a consequent to grant of selection grades. It is pointed out by counsel for the petitioner that the Government of Rajasthan under a notification dated 4.3.1998, 3 while deciding to reckon work-charged services after conferment of semi permanent status for grant of selection grades also ordered that the actual benefit i.e. of extending selection grades shall be given w.e.f. 1.1.1998 only. It is asserted that the learned Tribunal erred while not considering irrationality in not giving actual benefits arising due to grant of selection grades to the petitioner and employees alike. According to counsel for the petitioner, the petitioner became an employee of the Government of Rajasthan on 1.4.1994, therefore, atleast from 1.4.1994 the respondents should have given arrears as a consequent to grant of selection grades. It is emphasised by counsel for the petitioner that a conscious and hostile discrimination is made by the respondents while denying actual payment of pay in selection grades from the date of grant, as the same was actually given to the employees directly recruited in regular cadre of the Government of Rajasthan service. No reply to the writ petition has been filed on behalf of the respondents. However, during the course of hearing it is urged by counsel for the petitioner that January 1st, 1998 was settled as cut off date for grant of selection grades to the employees who earlier served in work-charged cadre for the reason that a decision to reckon work-charged service for grant of selection grades was taken only 4 on 4.3.1998 and prior to that no right was existing in favour of such employees for grant of selection grades by taking into consideration their services rendered in work-charged cadre. Heard counsel for the parties. It is not in dispute that after 1.4.1994 the petitioner is serving Government of Rajasthan in its regular cadre and the Government of Rajasthan vide notification dated 4.3.1998 decided to allow selection grades to the employees like petitioner by taking into consideration services rendered by them even in work- charged cadre. In view of the decision aforesaid the respondents treated work-charged services rendered by the petitioner and the employees alike as equivalent to services given in regular cadre. In specific terms the petitioner became a regular cadre employee of the Government of Rajasthan on 1.4.1994, thus, for all purposes he became entitled to be treated at par with regular employees of the Government of Rajasthan for the purpose of regulating service conditions. The Government of Rajasthan allowed selection grades with actual benefits to its employees from the date they became entitled for the same. No discrimination as such could have been made by Government of Rajasthan with the petitioner vis-a-vis regular employees of the Government of Rajasthan atleast after 1.4.1994. The respondents should have determined all rights of the 5 petitioner and other employees who earlier served in work-charged cadre and subsequently taken on regular cadre by treating them at par with other regular employees of the Government of Rajasthan. It is the position admitted that the Government allowed actual benefits of grant of selection grades w.e.f. 25.1.1992 or subsequent thereon to the regular employees on completing the term prescribed for grant of selection grades. The petitioner was on regular cadre of the services of Government of Rajasthan on 1.4.1994 and as such there is no just reason to extend actual benefits arising due to grant of selection grades to him w.e.f. 1.1.1998. The reason given by the respondents for fixing cut off date i.e. 1.1.1998 is quite vague. The respondents may have taken a decision regarding taking into consideration work-charge services after conferment of semi permanent status for the purpose of reckoning the term for grant of selection grades but that could have not been a just reason to classify the petitioner and other similarly situated employees as a different class than the regular employees of Government of Rajasthan after 1.4.1994. The act of the respondents by not giving actual benefits i.e. payment of arrears to the workmen as a consequent to grant of selection grades w.e.f. 1.4.1994 but from 1.1.1998, is apparently a discrimination. In view of whatever said above, I am of the considered opinion that the Tribunal failed to 6 appreciate that under the notification dated 4.3.1998 a discrimination was made among similarly situated employees or the employees belonging to same class in grant of actual benefits relating to selection grades. Accordingly, this petition for writ is allowed. The judgment dated 6.4.1999, passed by learned Rajasthan Civil Services Appellate Tribunal to the extent of denial for actual payment of arrears as a consequent to grant of selection grades for the period prior to 1.1.1998 is declared illegal and to that extent the same is quashed. The respondents are directed to allow selection grades to the petitioner with actual payment of pay in the grade concerned w.e.f. 1.4.1994 by reckoning his term of service from the date semi permanent status was conferred to him in work-charge cadre. No order to costs. ( GOVIND MATHUR ),J. kkm/ps.