SBCWP No.4013/2004 – Mohan Lal v. State of Raj. & ors Date of order:02.04.2009 1 of 4 S.B.C.W.P. No.4013/2004 Mohan Lal v. State of Rajasthan & others Date of Order: 02nd April, 2009 HON'BLE MR JUSTICE GOVIND MATHUR Mr S.N. Trivedi, for the petitioner Mr Mukul Singhvi, for the respondents Instant one is a case where the petitioner is claiming stepping up of his pay as one Shri Sunder Singh, Electrician Grade-II, though junior to him in the feeder cadre; is receiving higher pay. The factual matrix of the case is that the petitioner entered in the services of the respondents as Beldar on 01st May, 1973 on work-charge basis. A promotion was accorded to him as Helper Grade-II on 01st April, 1977. He was further promoted as Helper Grade-I and Wireman Grade-II on 11th October, 1985 and 07th May, 1988 respectively. Another person, namely- Shri Sunder Singh, at the first instance, was employed as Helper Grade-II on work-charge basis with effect from 14th July, 1979. However, a promotion was accorded to him directly to the post of Electrician Grade-II in the year 1993. The respondents allowed selection grade to the petitioner on completion of 27 years of service with effect from 03rd April, 2002. As a SBCWP No.4013/2004 – Mohan Lal v. State of Raj. & ors Date of order:02.04.2009 2 of 4 consequent to that, his pay was fixed in the pay scale of Rs.3050-4590. The same pay scale was granted to Shri Sunder Singh on completion of 18 years of service as on 01st April, 2000. The grievance of the petitioner is that Shri Sunder Singh was quite junior to the petitioner in the cadre of Helper Grade-II and therefore, in no way he could have been allowed to march over the petitioner in getting a higher pay scale prior to him. As per respondents, the petitioner acquired promotions to the posts of Helper Grade-I and Wireman Grade-II and as such, he was entitled for only third selection grade and that was given to him on completion of 27 years of service on 03rd April, 2002 whereas Shri Sunder Singh received only one promotion to the post of Electrician Grade-II and therefore, on completion of 18 years' service second selection grade was allowed to him with effect from 01st April, 2000. Heard learned counsel for the parties and also examined the record. From the perusal of promotion avenues available to Helper Grade-II under the Rajasthan Work-charge Employees Service SBCWP No.4013/2004 – Mohan Lal v. State of Raj. & ors Date of order:02.04.2009 3 of 4 Rules, 1964, there is no channel prescribed for promotion to the post of Electrician Grade-II from the post of Helper Grade-II. Despite of it, promotion was granted to Shri Sunder Singh on the post aforesaid by the respondents. On the other hand, the petitioner, who too was holding post of Helper Grade-II, was first promoted as Helper Grade-I and then Wireman Grade-II. The erroneous promotion granted to Shri Sunder Singh, as a matter of fact, was the reason for according higher pay scale to him as second selection grade. It is also pertinent to note that in the seniority list dated 01st June, 1992 issued by the Executive Engineer, Public Works Department (Electrical Division), Jodhpur relating to work-charge employees working with the respondent-establishment; the petitioner is shown as senior than to Shri Sunder Singh. Not only this, from the perusal of seniority list, it is also apparent that in the year 1992 the petitioner was holding the post of Wireman Grade-II whereas Shri Sunder Singh was, at that time, working as Helper Grade-II only. Apparently, marching over of Shri Sunder Singh in getting higher pay scale than to petitioner seems to be erroneous, may that be for the reason that Shri Sunder Singh was directly SBCWP No.4013/2004 – Mohan Lal v. State of Raj. & ors Date of order:02.04.2009 4 of 4 promoted to the post of Electrician Grade-II. I do not find any justifiable reason to continue the petitioner trailing in getting lesser pay than to his junior. It is stated by learned counsel for the respondents Shri Mukul Singhvi that under the instructions of Government of Rajasthan issued on 30th September, 1998, no stepping up in work-charge cadre is permissible if there is any disparity in the pay scale/pay as a consequent to grant of selection grade. The circular aforesaid is having no application in the present controversy as the disparity in the present case is not because of grant of selection grade but because of grant of erroneous promotion to Shri Sunder Singh. In view of whatever stated above, it is necessary in order to meet ends of justice to direct the respondents to step up petitioner's pay by placing him at pay equivalent to the pay granted to Shri Sunder Singh on 01st April, 2000. The petition for writ is disposed of in the terms above. [GOVIND MATHUR],J. mma