CW 6777/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.6777/2006 Ashok Choudhary, Pramod Gupta & Rajender Choudhary Versus State & Ors. Date of Order ::: 10/02/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Ashwani Chobisa, for petitioner Mr. Chetan Bairwa, Addl. Govt. Counsel, for respondents. Instant petition has been jointly filed by three petitioners-Ashok Choudhary, Pramod Gupta & Rajendra Choudhary with the grievance that though they were granted benefit of selection scale on completion of nine years' service with retrospective effect 28/08/97, 27/08/97 & 25/08/97 respectively vide orders dt.19/01/05 (Ann.7A), dt. 22/01/05 (Ann.7B), & dt.13/01/05 (Ann.7C) but while granting notional fixation, were denied the arrears to which they were entitled for under law. Petitioners are working as Salesman and were granted benefit of selection scale on completion of their nine years' service in terms of Government Circular dt.25/01/92 vide respective orders referred to supra (Ann.7A to 7C) and after granting them selection scale, respondents made notional fixation for the following period - (1)Ashok Choudhary 29/08/97 to 30/07/2004 (2)Pramod Kr. Gupta 27/08/97 to 30/07/2004 (3)Rajendra Choudhary 25/08/97 to 30/07/2004 to which a Note has also been endorsed on CW 6777/06 //2// respective orders (Ann.7A to 7C) that they would not be entitled to arrears on account of their fixation upon grant of selection scale. Counsel for petitioners submits that once petitioners were granted selection scale on completion of nine years' service with retrospective effect (August, 1997), there was no justification for respondents to make notional fixation and deprive them of actual benefits to which they are otherwise entitled for and Note appended in the orders in no manner would deny them of actual benefits and denial whereof has caused serious prejudice to them. In para 9 of the petition, it has been averred that other employees being similarly situated to whom selection scales were granted with retrospective effect but were denied of arrears of notional fixation period, all approached this Court by way of CWP-2893/1998 which was allowed vide order dt.18/04/01 – in compliance whereof, benefit of arrears was granted to Shyam Lal Gupta and as regard other employee Sunita Bhargava, it was treated as special case for arrears accrued upon grant of selection scale. Counsel submits that once benefit has been granted to similarly situated employees there is no justification to deny benefit of arrears upon grant of selection scale to petitioners, and respondents were under obligation to maintain CW 6777/06 //3// parity among other employees similarly situated. In reply, respondents have inter-alia averred that as regards Shyam Lal Gupta, he was paid arrears on fixation upon grant of selection scale only under orders of this Court passed in his writ petition; while Sunita Bhargava was treated as special case as per directions of the Department and few others were also granted notional fixation upon grant of selection scale. But, ultimate fact remains that once petitioners have been granted selection scale from the date of their entitlement on completion of nine years' service, certainly arrears whereof were entitled to them and the same could not be denied. Merely because orders have been passed granting notional fixation, that in no manner can be said to be the basis to deprive of arrears thereof, to which they are otherwise entitled for as a result of fixation of pay upon grant of selection scale. Consequently, writ petition succeeds and is hereby allowed. Respondents are directed to make payment of arrears accrued as a result of grant of selection scale vide orders dt.19/01/05 (Ann.7A), dt.22/01/05 (Ann.7B) & dt.13/01/05 (Ann. 7C) for the period referred to therein as quoted in para 2 of this order. After computation of arrears (supra) be paid to the petitioners within three months. No order as to costs. (Ajay Rastogi), J. K.Khatri/p.3/6777CW06-10FbArrScl.doc