1 Budhraj Tiwari vs. The State of Rajasthan & Ors. SB Civil Writ Petition No.3333/2005 Date of Order: 23.05.08 PRESENT HON'BLE MR.JUSTICE GOPAL KRISHAN VYAS Mr.S.G.Ojha for the petitioner/s. Ms.Patishtha Dave,Dy.Govt. Counsel, for the respondents. In this case, the petitioner is seeking a direction to the respondents for granting the pay scale of Rs.420-740/- with effect from 01st February, 1982 and further that the respondents may be directed to grant amended pay scale which is granted from time to time by the State Government to the Government employees. The case of the petitioner is that initially he was appointed as Naka Guard and as per his technical qualification he was promoted on the post of Lineman on 1.2.82 in the pay scale of Rs.820-1520 but as per audit objection No.11 of the audit report of the year 1992-93 the Municipal Board cancelled the order of promotion vide resolution dated 21.5.96, he was reverted from the post of lineman to the post of Naka-guard and recovery of Rs.62,320/- was ordered to be made from his salary but in 2 fact after reversion also he was performing the work of Electric Lineman, therefore, an appeal was preferred by him against the order of reversion and recovery of Rs.62,320/- before the Dy.Director, (Regional), Local Self Government but said appeal was not decided, therefore, a writ petition was filed by the petitioner before this Court and the said writ petition was registered as SBCW Pet. No.2862/1997 and vide order dated 12th of August, 1998 this Hon'ble Court passed an order by which Dy. Director, Local Bodies was directed to decide the appeal of the petitioner by a reasoned order within one month from the date of receipt of the order. As per the petitioner an order was passed by the Dy. Director (Regional) on 1st/07th December, 1998 whereby it was ordered that since the petitioner has worked on the post of Lineman , therefore, the recovery of Rs.62,320/- is quashed and a direction was given to the Board to get the relaxation from the State Government for allowing the pay scale for the post of Electric Lineman and for appointment on the post of Lineman. The State Government, on the recommendation of the Board, vide letter dated 05th of May, 2001 ordered to treat the appointment of the petitioner on the post of Lineman from the date of working on the post of Lineman on the 3 basis of his qualification. As per the petitioner, the Municipal Board , Parbatsar also issued an order to post the petitioner on the post of Lineman in the pay scale of Rs.420-740/-. The petitioner has placed on record the order dated 05th of May, 2001 Annx. 2, whereby sanction was accorded by the State Government for allowing the pay scale of Electric Lineman. The petitioner has also placed on record Annx.4, whereby fixation was made by the Assistant Accounts Officer, Municipal Board, Beawar, Camp Parbatsar. The case of the petitioner is that although sanction was accorded by the Government for grant of pay scale for the post of Electric Lineman and fixation was also made, but the respondents are not giving effect to the direction issued by the Government for granting the said benefit . Therefore, after sending notice for demand of justice, petitioner has preferred this writ petition for seeking direction to the respondents and prayed that the respondents may be directed to grant the benefit of pay scale for the post of Electric Lineman, as directed by the Government. In the reply filed by the respondents, it is contended by the respondents that in fact petitioner is not working as Electric Lineman and rather he is working on the post of Naka 4 Guard. Therefore, there is no question of granting the pay scale of Lineman. Further it is submitted that there is no channel of promotion from the post of Naka Guard to the post of Lineman. In reply respondents are admitting that State Government has conveyed sanction vide it letter dated 05th of May, 2001 and it is stated that sanction is still in existence. The petitioner by way of filing additional affidavit has specifically stated that contention of the respondent is totally false that petitioner is not working on the post of Electric Lineman. In the additional affidavit it is specifically mentioned by the petitioner that since he was working as Naka Guard he underwent the training of Electric Lineman and the Certificate was issued by the competent authority on 02nd July 1980. He has placed on record the said certificate as Anx.8. Further it is submitted that the basic qualification for Electric Lineman is that the candidate must possess training of Electric Lineman. In this view of the matter, it is submitted by the petitioner that after acquiring the said Certificate , petitioner had worked on the post of Electric Lineman and now after issuing sanction by the State Government, the Municipal Council , Parbatsar is under obligation to comply with the directions issued by the Government on 05th May, 2001 whereby it is ordered that as 5 per qualification, the petitioner shall be treated to be appointed on the post of Lineman and this order is still in existence. In this view of the matter, I am of the opinion that once the State Government has granted sanction for treating petitioner as Lineman upon the recommendation made by the Municipal Council and that sanction is still in existence, then there is no question of not complying with the directions issued by the State Government. The Municipal Council, Parbatsar is under obligation to implement the sanction issued by the Government because the said sanction was accorded upon the recommendations made by the Municipal Council as directed by the Dy.Director (Regional) Local Self Government , Rajasthan, in appeal filed by the petitioner. In this view of the matter, the respondents are directed to comply with the sanction issued by the Government dated 05th of May, 2001, within a period of two months from today and grant all consequential benefits to the petitioner for the post of Lineman. With the above observations and directions the writ petition stands disposed of . 6 (GOPAL KRISHAN VYAS),J. lg.