1 S. B. CIVIL WRIT PETITION NO. 1475/1998 Smt. Rajesh Vs. State of Rajasthan & Ors. Date of Order :: 20th March, 2009 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. M.S. Singhvi, for the petitioner. Mr. Hemant Choudhary, for the respondents. .... By an order dated 12.8.1981 the Vikas Adhikari, Panchayat Samiti – Rani allowed appointment to the petitioner as Teacher Gr.III in the pay scale of Rs. 355-570 on temporary basis. The appointment of the petitioner was made by holding an interview among the candidates whose names were sponsored by the District Employment Officer, Pali. The petitioner was discontinued from service after completion of the educational session of 1981-82, however, at inception of new educational session of 1982-83 the petitioner was reemployed as Teacher Gr.III under an order dated 26.6.1982. Her services were again discontinued on completion of educational session of 1982-83 but she was re-employed in the academic session of 1983-84 on its inception. The petitioner again faced termination from service on completion of educational session of 1983-84, however, subsequent thereto she stood selected regularly for appointment as Teacher Gr.III as a consequent to process of selection initiated by District Establishment Committee, Zila 2 Parishad, Pali. The petitioner was allotted to Panchyat Samiti, Sumerpur where she reported for duties on 12.4.1985. By an order dated 7.7.1990 the Vikas Adhikari, Panchayat Samiti, Rani condoned break in service of the petitioner from 17.5.1984 to 11.4.1985 by treating the period aforesaid as earned leave. By the same order the petitioner was treated in continuous service of Panchayat Samiti – Rani from 17.5.1984 to 11.4.1985. Relevant to note here that 17.5.1984 was the date on which services of the petitioner were terminated from service on completion of the educational session of 1983-84. In the fashion above the petitioner remained in employment of Panchayat Samiti, Rani and thereafter in Panchayat Samiti – Sumerpur as Teacher Gr.III. Despite regular selection the respondents did not allow annual increments to the petitioner from 1991-1996 and also not made fixation of pay in regular pay scale. The respondents also not allowed selection grades to the petitioner as per Government of Rajasthan notification dated 25.1.1992 to the petitioner by taking into consideration the services rendered by her prior to her regular appointment under order dated 11.4.1985, hence, instant petition for writ is preferred. The contention of learned counsel for the petitioner is that the appointment of the petitioner was made as per Rajasthan Panchayat Samiti and Zila Parishad Service Rules, 1959, therefore, she is entitled 3 to get selection grades by taking into consideration entire services rendered by her as Teacher Gr.III. It is also contended by learned counsel for the petitioner that there was no just and valid reason for not releasing annual grade increments to the petitioner for the years 1991 to 1996. A reply to the writ petition has been filed on behalf of respondents with the stand that services of the petitioner prior to 12.4.1985 were of adhoc nature, and therefore, she is not entitled to get that period reckoned as a part of service for determining term to grant selection grades under Government of Rajasthan notification dated 25.1.1992. With regard to release of annual grade increments no definite reply is given by the respondents. Heard counsel for the parties. A Full Bench of this Court in State of Rajasthan and Ors. Vs. Farooq Ahmed & 59 Ors. { 2005(1) WLC (Raj.) Page 1 } considered the question, “Whether the period of adhoc service rendered by employee should be calculated for the purpose of granting selection grade on completion of 9, 18 and 27 years of service or whether such service rendered prior to the date of regular appointment should not be counted?” 4 After adjudicating the question aforesaid the Full Bench held as under: “Having regard to the aforesaid discussion, we are of the view that where a person is appointed on ad hoc/temporary basis in services rendered by him/her, before his/her regularization, should be counted for the purpose of grant of Selection Grade on completion of 9, 18 & 27 years of service, as the case may be. We, therefore, answer the question accordingly.” The appointment of the petitioner, though on adhoc basis, but was made as per Rule 23 (1) of the Rajasthan Panchayat Samiti and Zila Parishad Rules, 1959. Rule 23(1) aforesaid reads as follows: “23(1). In case no selection has been made or no person selected by the Commission is available at any time, for filling a vacancy, appointment may be made by the Appointing Authority temporarily for a period not exceeding a six months, provided the filling up of the vacancy is required emergently and a certificate to the effect that no selected is available has been obtained from the Committee.” The petitioner was appointed by the appointing authority that is Vikas Adhikari of the Panchayat Samiti concerned and before making her appointment on temporary basis a fair procedure was adopted by calling names from the District Employment Officer, Pali. An interview too was conducted from among the candidates sponsored by the District Employment Officer. In the factual position aforesaid the petitioner, as 5 per law laid down by the Full Bench of this Court in the case of Farooq Ahmed & 59 Ors. (supra), is certainly entitled to get her services reckoned w.e.f. 12.8.1981 for the purpose of grant of selection grade as per Government of Rajasthan notification dated 25.1.1992. No just reason is given by the respondents for not releasing annual grade increments to the petitioner from the year 1991 to 1996, and as such, she is also entitled to get the increments aforesaid released. It is stated by learned counsel for the parties that the respondents at their own may have released the increments in question. In view of whatever said above this petition for writ is disposed of with a direction to the respondents to release annual grade increments of the petitioner for the years 1991 to 1996, if not already released. The respondents are further directed to allow selection grades to the petitioner as per Government of Rajasthan notification dated 25.1.1992 by reckoning her services from 12.8.1981 that being the date of her appointment as per Rules of 1959. No order as to costs. (GOVIND MATHUR),J. jgoyal