SBCWP5716/1997 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.5716/1997 {Anil Bhatia Vs. The State of Rajasthan and Others} Date of Order ::: 04.02.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Vigyan Shah for Shri Mahendra Shah, Counsel for petitioner Shri Virendra Lodha, Counsel for respondents #### By the Court:- This writ petition has been filed by petitioner Anil Bhatia, who was originally appointed with the respondents on the post of Supervisor (Electrical) on 15.01.1983. The post of Supervisor (Electrical) was re- designated as Junior Engineer by the respondents, by order dated 08.06.1990. Contention of Shri Vigyan Shah, learned counsel for petitioner, is that though the respondents had adopted Government Circular dated 25.01.1992 containing scheme of grant of selection grades on completion of 9, 18 and 27 years of service to such of its employees, who could not be able to get promotions during that period. The SBCWP5716/1997 // 2 // respondents have not strictly adhered to that Circular. Learned counsel submitted that as per Para 4 of the Circular, an employee is entitled to get selection grade in the pay scale of the next promotion post, on which he would have been otherwise promoted. Object of grant of selection grades is to compensate an employee for loss of promotion during the span of every 9 years of service. The learned counsel submitted that even if the respondents, as they contend in Para 7 of the reply, have lesser scale of pay applicable to Assistant Engineer working with them i.e. 2000-3500 as compared to that of 2200-4000 payable in Government service to the Assistant Engineers, the petitioner would be entitled at least to get the pay scale of 2000-35000 as the next selection grade whereas the respondents are illegally granting him the pay scale of 1640-2900. Shri Virendra Lodha, learned counsel appearing for the respondents, submitted that the Government Circular even though has been adopted by the respondents, however it is not adopted in toto, but with certain modifications wherever necessary. It is SBCWP5716/1997 // 3 // further submitted that since the petitioner did not possess the qualification of Degree in Mechanical Engineering, as required by the Rajasthan State Ganganagar Sugar Mills Limited Staff (Recruitment & Other Conditions of Service Rule, 1994, therefore, he cannot be allowed the selection grade in the pay scale of Rs.2000-3500. Moreover, respondents have granted one stage lower than the pay scale of the post of Assistant Engineer. Learned counsel for the petitioner, in rejoinder, has submitted that the Rules of 1994 would apply prospectively. The selection grade was granted to the petitioner vide order dated 28.12.1994 (Annexure-2) with effect from 24.02.1992 i.e. much before enforcement of the Rules. It is submitted that many of persons in his category having Diploma qualification were promoted to the post of Assistant Engineer prior to promulgation of the said Rules. The Rules cannot therefore come in his way. Having heard learned counsel for the parties and perused the material on the record, I find that the in respondents indeed have a different pay scales applicable to the post of Assistant Engineer with them i.e. SBCWP5716/1997 // 4 // 2000-3500, but, at the same time, they also contend that they have adopted the Government Circular dated 25.01.1992. They have adopted the Government Circular dated 25.01.1992, wherein Para 4 clearly provides that selection grades on completion of 9, 18 and 27 years of service would be one which the incumbent would have got, had he been promoted; the selection grade obviously is provided in lieu of promotion. If the petitioner, like his fellow employees, who were also promoted on the basis of Diploma qualification, would have been promoted, he would have got the pay scale of Rs.2000-3500. The stand taken by the respondents that they have a practice prevailing with them of giving one step lower than the pay scale applicable to the post of Assistant Engineer, cannot be accepted because it would frustrate the very purpose of granting selection grades. Moreover, the Rules framed subsequently cannot come in the way of the petitioner, which in any case cannot be accepted because the respondents themselves prior to promulgation of those Rules, granted promotion to many similarly situated persons SBCWP5716/1997 // 5 // and the pay scale in any case was granted to the petitioner with effect from 24.02.1992. In the result this writ petition is allowed. The respondent are directed to grant to the petitioner the selection grade in the pay scale of Rs.2000-3500 on completion of 9 years of service with effect from 24.02.1992, with all consequential benefits. Compliance of this judgment shall be made within a period of three months from the date its copy is produced before the respondents. (Mohammad Rafiq) J. //Jaiman//