SBCWP2137/1997 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.2137/1997 Brij Kishore Sharma Vs. State of Rajasthan and Others Date of Order ::: 19.03.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Arun Sharma for Shri Prem Krishan Sharma, Counsel for petitioner Shri S.D. Khaspuria, Additional Government Counsel for respondents #### By the Court:- This writ petition has been filed by petitioner Brij Kishore Sharma with prayer that respondents be directed to determine his seniority from the date of his initial appointment as Helper and they be restrained from reducing his pay scale and effecting recovery; it is further prayed that it be held that petitioner is entitled to be fixed in the pay scale of 950-1680 and on that basis benefit of increments and selection scales be also granted to him. Contention of Shri Arun Sharma, brief holder of Shri Prem Krishan Sharma, learned counsel for petitioner, is that petitioner was SBCWP2137/1997 // 2 // initially appointed as Helper in the Public Health and Engineering Department of the respondent State by order dated 07.04.1977. It so happened that from April, 1983, respondents required the petitioner to perform his duties in the meter reader section. Earlier thereto, he was working in fitter trade. On 19.04.1989, respondents invited options from Helpers in various trades for change of their trade. Petitioner also submitted option. When no action was taken by respondents for affecting change of his trade, petitioner approached this Court by filing Writ Petition No.3412/1993, which was decided by order dated 08.07.1993 with a direction to respondents to pass appropriate orders on such representation within two months from the date of submission of a copy of that order. It was thereafter that respondents passed an order on 06.06.1994 changing the trade of petitioner from fitter to that of meter reader. However, by that change of trade, Helper gets chance of promotion in respective trade. Accordingly, seniority of petitioner was determined from the date of his initial appointment. Petitioner was already allowed pay scale of 950-1680 by order dated 23.02.1992 on the post of Helper. However, SBCWP2137/1997 // 3 // subsequently by order dated 10.10.1996 his pay was reduced and he was fixed in the pay scale of Rs.910-1520. Now subsequently another order was issued on 17.02.1997 giving him benefit of selection scale on the basis of reduced pay scale. It is submitted that several other persons, namely, Sarva Shri Hari Narain S/o Kanhaiya Lal, Champeshwar S/o Shri Ram Chandra and Gopal S/o Bherun, who were allowed to change their trade, had the benefit of carrying their seniority as Helper on the basis of the date of their initial appointment in earlier trade. The orders dated 10.10.1996 and 17.02.1997 have been passed adversely affecting the petitioner thereby wrongly placing him in the seniority list. The petitioner submitted representations, thereafter served notice for demand of justice upon the respondents and then filed the present writ petition. Shri S.D. Khaspuria, learned Additional Government Counsel appearing on behalf of respondents, opposed writ petition and submitted that as per petitioner's own admission he did not physically work in meter reader section prior to April, 1983; he continued to work in the fitter section from 7th April, 1977 till April, 1983, therefore for SBCWP2137/1997 // 4 // that period he cannot be held entitled to any seniority equal to employees working in meter reader section. Petitioner's name in seniority list of employees working in meter reader section was placed only from April, 1983, from when he started working in that section. Selection scale in the pay scale of 950-1680 in fitter trade was granted to petitioner from 25.01.1992 by considering his service upto 25.01.1992. However, after the order of this Court, petitioner's name was changed to one trade to another meaning thereby his name has now been included in the seniority of meter reader trade and seniority being given to him from April, 1983. Since change of this trade was on petitioner's own request, his next selection scale in the post of Helper to meter reader was given as 975-1720 therefore revised orders were issued on 10.10.1996 and 17.02.1997. Having heard learned counsel for parties and perusing material on record I find that when already petitioner was granted selection scale in higher pay scale considering the fact that he had completed 9 years of service in pay scale of 950-1680 by order dated 23.11.1992 with effect from 25.01.1992, change of trade by SBCWP2137/1997 // 5 // him would not be a reason to reduce his pay scale because as far as completion of period of 9 years of service is concerned, that has been reckoned from the date of initial appointment of petitioner i.e. 07.04.1977. Status of petitioner whether in fitter section or meter reader section, remained same i.e. Helper. It is not in dispute that his appointment as Helper on 07.04.1977 was of regular nature. The petitioner have given examples of so many others in Para 8 of writ petition; those were also allowed to change their trade but their seniority remained unaffected; in other words they were granted seniority from the date of their initial appointment. In the present case, respondents have computed seniority of petitioner from April, 1983, when he was asked to work in meter reader section completely ignoring his service from April 1977 to April, 1983 and there is no justification on their part while doing so. If actually change of trade of petitioner was made by order dated 06.06.1994 and period from April, 1983 to 06.06.1994 has been computed for all the purpose including for grant of selection scale and seniority, there is no reason for not computing the earlier period of six years from SBCWP2137/1997 // 6 // April, 1977 to April, 1983, more particularly when respondents have extended such benefits to other similarly situated persons, namely, Hari Narain S/o Kanhaiya Lal, Champeshwar S/o Shri Ram Chandra and Gopal S/o Bherun. In any case, respondents could not unilaterally withdraw higher pay scale given to petitioner without any notice to him or complying with the principles of natural justice. In result, this writ petition deserves to be allowed and same is allowed. The orders dated 10.10.1996 and 17.02.1997, in so far as adversely affecting the petitioner, are quashed and set aside. Petitioner is entitled to retain pay scale of 950-1680 on the basis of order dated 23.11.1992; he will also be entitled to seniority from the date of his initial appointment, both for the purpose of promotion and grant of selection scales. Compliance of the judgment be made within three months from the date its copy is produced before the respondents. (Mohammad Rafiq) J. //Jaiman//