CW 11234/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.11234/2009 Vinod Kumar & Others Versus State & Ors. Date of Order ::: 16/09/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Mahendra S.Gurjar, for petitioner Instant petition has been filed with the grievance that order dt.29/06/09 (Ann.6) issued by Department of Finance and follow up order dt.15/07/09 of Department of Panchayati raj is not being carried out by respondents authorities in its true spirit and that being so, has constrained the petitioners to approached this Court by filing instant petition. Department of Finance vide its order dt.29/06/09 (Ann.6) has circulated decision of State government which appears to have been taken upon judgment of Apex Court in SLP(C)- 2848/2006, directing the authorities to revise selection scale having become admissible from the date of regular appointment and what has been earlier granted taking note of ad hoc, work-charged or daily wages period of service be revised in terms of order dt.29/06/09. However, it has been made clear that no recovery shall be made from the employee for CW 11234/09 //2// the period upto 30/06/2009 and revision of pay fixation be made accordingly w.e.f. 01/07/09 onwards. In compliance of order dt.29/06/09 (Ann.6), respondent-Panchayatiraj Department has also issued its order dt.15/07/09 (Ann.7) directing respective authorities to proceed in terms of order (supra). In pursuance whereof, employees have now been served with notice calling upon their explanation to clarify about their regular appointment and so also to submit their options so that their grant of selection scale could be re-examined and their fixation in the selection scale on completion of 9/18/27 years of service can be refixed from their regular appointment in the cadre. It is not the case of petitioner that order dt.29/06/09 of Department of Finance or dt.15/07/09 of Panchayatiraj department is not in conformity with the judgment of Apex Court or in violation of any law. However, there appears to be some apprehension of petitioners (employees) that despite their services being regularized with retrospective effect which might not be taken note of by the authorities while granting benefit of selection scale, which is otherwise CW 11234/09 //3// admissible under order dt.29/06/09 of the Department of Finance. Even in instant case, petitioners (Vinod Kumar, Smt. Santosh, Dharam Veer Yadav & Hanuman) were initially appointed as Teacher Gr.III on 01/02/88, 22/09/88, 18/09/86 & 16/10/87 respectively and later on their services were regularized vide order dt. 22/12/95 (Ann.5) with retrospective effect from the date of their initial appointment viz. (1) Vinod Kumar (01/02/88), (2) Santosh (22/09/88), (3) Dharam Vir Yadav (18/09/86) & (4) Hanuman (16/10/87) respectively. Counsel submits that respondents are not taking note of date from which employees have been regularised or appointed on regular basis but are taking note of date of the order whereby employee has been regualrised or appointed on regular basis. In the opinion of this Court, this apprehension appears to be misconceived for the reason that once petitioner has been regularly appointed or regularised from the date of initial appointment or with retrospective effect, certainly that makes him entitled for grant of selection selection from the date, his services have been regularised CW 11234/09 //4// or being appointed on regular basis. Date of order regularizing services or appointing on regular basis has to be construed from the date incumbent is regularized or appointed on regular basis as in instant case, petitioners services being regularized with retrospective effect and that is the date from which they are regularly appointed entitling for regular appointment for grant of selection scale in terms of order dt.29/06/09 of the Department of Finance. Counsel further submits that earlier notices have been issued by this Court in CWP- 10918/09 (Naveen Singh Vs. State) on 07/09/09. However, after going through the record, this Court considers it appropriate to make factual position clear to respondents authority so that issue involved herein can be settled down at this stage itself, without any further examination whereof. Consequently, writ petition stands disposed of with the direction to petitioners to submit fresh representation, alongwith a copy of this order, in the light of observations (supra) in response to notices served upon them and it is expected from the competent authority to objectively consider CW 11234/09 //5// their representation before taking final decision according to law in regard to the date from which their services were regularized for grant of selection scale in terms of order dt.29/06/09 (Ann.5) of the Department of Finance and dt.15/07/09 of Panchayatiraj Department; and pass a speaking order and communicate the same to the respective petitioners. A copy of this order be sent to Secretary cum Copmmissioner Panchayatiraj Department also for necessary compliance. (Ajay Rastogi), J. K.Khatri/p.5/ 11234CW09Spt16-SlSclFinRep.doc