1 S.B.CIVIL WRIT PETITION NO.2156/2007 Sharvan Kumar Vs. State of Raj. & Ors. Date of Order :: 05.9.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. C.S. Bissa, for the petitioner. Mr. N.K. Mehta, for the respondents. ... The petitioner by this petition for writ is claiming selection grade on completion of 18 years of service as per para 5 of the Government of Rajasthan notification dated 25.1.1992 prescribing selection grades for employees in Class IV Ministerial and Subordinate Services and those holding isolated posts. The factual matrix necessary for adjudication of the controversy involved is that the petitioner entered in the services of the respondents as work-charged Helper on 5.8.1968. A fresh appointment was subsequently given to him as Wireman on work-charge basis in the pay scale of Rs. 100-180 and he was absorbed in regular cadre as an Electrician w.e.f. 1.4.1971, under Rajasthan Engineering Subordinate Service (Public Health Branch) Rules, 1967. An Electrician Gr.II is eligible to be promoted as Electrician Gr.I and the Electrician Gr.I is having an avenue of promotion to the post of Electrical Supervisor under the Rules of 1967. Accordingly a promotion was given to the petitioner 2 as Electrician Gr.I on 30.9.1988, however, on completion of 18 years of service, the respondents allowed the pay scale of Rs.1200-2050 as selection grade. The petitioner being Electrician Gr.I was already getting the pay under the pay scale referred above, hence, he agitated his cause for grant of the pay scale relating to the promotional post. The petitioner though voluntarily retired from service on 31.7.1997 but he persuaded his cause with the respondents but of no consequence, hence, this petition for writ is preferred. The contention of learned counsel for the petitioner is that as per the notification dated 25.1.1992 selection grade should have been granted to the petitioner in the pay scales either of the promotional post or as prescribed in para 5 of the notification referred above. On the other hand as per the respondents the petitioner being not having the Industrial Training School Certificate, thus, was not possessing requisite eligibility for promotion to the post of Electrical Supervisor, therefore, the pay scale relating to the post of Foreman Gr.II was given to him on completion of 18 years of service instead of the pay prescribed for the post of Electrical Supervisor. Heard counsel for the parties. As per the respondents the pay scale of post of Foreman Gr.II was 3 given to the petitioner on completion of 18 years of service, however, it is not in dispute that the pay scale of Foreman Gr.II and the Electrician GR.I is same. The Government of Rajasthan under the notification dated 25.1.1992 allowed selection grades on completion of a specific term of service with a view to remove stagnation in service, due to non-grant of promotion. Promotion in service means authority of higher post with higher emoluments. The selection grade satisfies higher emoluments only. If the government do not grant even the higher emoluments then the prescription of selection grade shall be of no consequence. The prescription of same pay scale on competition of 18 years of service as a matter of fact is an illusory benefit and that is not at all grant of selection grade with the spirit of the notification dated 25.1.1992. The petitioner though was not possessing the requisite qualification for the purpose of promotion to the post of Electrical Supervisor, however, selection grade as per para 5 of the notification dated 25.1.1992 should have been allowed to him as that adequately take care of such circumstances. Relevant portion of the pare 5 referred above reads as under: 5. In case there is no post for first, second or third promotion, as the case may be, in the same service/cadre or the employee does not possess academic qualifications prescribed for promotion & in respect of the isolated posts, the Selection Grades shall be as specified below:- 6. 4 S.No. Existing Pay Scale Selection Grades 1. 750-940 (1) 775 – 1025 (2) - - 15. 2000-3500 (15) 2200-4000 (16) Note: If an increment of the isolated post or a person not possessing academic qualifications prescribed for promotion has been granted Selection Grade before issue of this order and such Selection Grade is higher than that indicated in this paragraph, he will continue to draw pay in such selection Grade as personal to his but the second or third Selection Grades shall be determined with reference to the first or second selection grade which would have been admissible in terms of this paragraph.” As per para 5 referred above, in the event of non-possessing of qualification prescribed for promotional post the selection grades prescribed in the para concerned are required to be given. In view of the provisions of para 5 of the notification dated 25.1.1992 the respondents should have allowed pay scale of Rs.1400-2600 to the petitioner on completion of 18 years of service. For the reasons stated above this petition for writ deserves acceptance, and therefore, the same is allowed. The respondents are directed to allow selection grade to the petitioner on completion of 18 years of service as per the para 5 of the notification dated 25.1.1992. The petitioner is declared entitled for getting the pay scale of Rs. 1400- 2600 as selection grade on completion of 18 years of service. He is further declared entitled for all consequential benefits including 5 revision of pay and payment of arrears with an interest at the rate of 6.5% per annum and also for revision of pension accordingly. The respondents are required to make compliance of the directions above within a period of six months from today. (GOVIND MATHUR), J. Jgoyal '