CW 6724/06 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.6724/06 Hukam Chand Sharma Versus State & Ors. DATE OF ORDER : 02/02/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Arun Sharma, for petitioner Mr. Pradeep Kalwania, Addl. Govt. Counsel, for respondents *** Instant petition has been filed by petitioner with dual grievance that he is entitled to be considered for grant of selection scale in terms of circular of the government dt.25/1/92 from the date he initially joined service as Teacher Gr.III and at the same time, his further grievance is that person as alleged by him to be junior from the date of first appointment till last promotion is working in higher pay scale, his case of pay anomaly has not been considered. Petitioner initially joined service as Teacher Gr.III vide order dt.17th September, 1976 and while in service through open selection he was appointed as Teacher Gr.II by direct recruitment vide order Ann.2 dt.21st September, 1979 and thereafter, further promoted as School Lecturer vide order Ann.4 dt.27th March, 1996. CW 6724/06 [2] Counsel for petitioner submits that he was entitled to be considered for grant of selection scale from the date of his first appointment/entry into service as Teacher Gr.III vide order dt.17th September, 1976 in terms of circular of the government dt.25th January, 1992. However, respondents have taken into consideration the service which he rendered after his selection through open selection in the cadre of Teacher Gr.II and service rendered prior thereto has been arbitrarily obliterated while computing his service for grant of selection scale. Counsel further submits that apart from his grievance with regard to selection scale, one Shri Hari Prasad Sharma who is junior to him throughout while entry into service or later appointment through open selection as Teacher Gr.II or on their promotion as School Lecturer but still he is working in lower pay scale in comparison to him and despite request made by the petitioner, his case of pay anomaly has not been considered. Reply has been filed in which it has been averred that once the petitioner was directly CW 6724/06 [3] recruited through open selection as Teacher Gr.II, his candidature could be considered for selection scale only from the date he has joined service in the cadre of Teacher Gr.II and not from the date of his first appointment and so far as pay anomaly is concerned, justification has been offered by the respondents. I have considered submissions of counsel for parties and perused the material on record. Scheme for grant of selection scale has been introduced by the government under its circular dt.25th January, 1992 with the basic object that those incumbents who became eligible and due for promotion but on account of non-availability of vacancies are stagnated atleast they may be considered in lieu of promotion for selection scale to which they are entitled for on completion of 9, 18, & 27 yrs. of service as the case may be. In the instant case, petitioner after joined service as Teacher Gr.III faced open selection and by direct recruitment he was appointed as Teacher Gr.II and his candidature can certainly be considered for selection scale in lieu of CW 6724/06 [4] promotion from the date he joined service in the cadre of Teacher Gr.II. However, service which he rendered prior thereto is a regular & qualifying service to be noticed for all practical purposes, but since one is considered for selection scale in lieu of promotion and service rendered prior thereto in no manner can be considered as service rendered for the purpose of further promotion. To be more specific seniority which will be assigned to him in the cadre of Teacher Gr.II will be based for his further consideration for promotion and in such circumstances, in opinion of this court, service rendered by the petitioner in the facts of instant case prior to his selection as Teacher Gr.II rightly has not been considered by the respondents for selection scale in terms of circular of the government [supra]. So far as submission made by counsel with respect to pay anomaly is concerned, the respondents have certainly given justification. But, it appears from Schedule 'A' enclosed with the petition that Hari Prasad Sharma appears to be a person who was throughout otherwise junior to him at the stage of entry into service or while appointment as Teacher Gr.II or promotion as School Lecturer. But, no opinion can be CW 6724/06 [5] expressed by this court and it is left open for the respondents to examine his case of pay anomaly. Consequently, writ petition stands partly allowed. Petitioner is directed to make representation with respect to his pay anomaly as referred vis a vis case of Hari Prasad Sharma and if such representation is made within one month, the respondents may consider and decide the same by passing speaking order within three months thereafter. Copy of their decision be communicated to petitioner also. If still petitioner feels aggrieved by their decision, he will be free to avail remedy available under law. [AJAY RASTOGI], J. FRBOHRA6724CW06 2-2.doc