1 S.B.CIVIL WRIT PETITION NO.8301/2008 Shiv Lal Panchariya & Ors. v. Rajasthan Agriculture University, Bikaner Date of Order :: 14 th May, 2009 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Mukesh Vyas, for the petitioners. Mr. D.S.Rajvi, for the respondent. .... The 41 petitioners by this common petition for writ are seeking a direction for respondent University for grant of selection scale to them in the pay scale applicable for next promotional post. The factual matrix necessary to be noticed for adjudication of the issue involved is that the petitioners are in employment of the respondent University as Driver. As per recruitment and promotion rules framed by the Board of Management of the respondent University on 28.9.1998, a Driver is having an avenue for promotion to the post of Junior Mechanic and then to the post of Senior Mechanic and also to the post of Foreman. The relevant portion of the rules referred above is as quoted below:- 2 Name of posts Percentage of Posts to be filled by Promotion/ Direct Recruitment Posts from which Promotion is to be made Qualification for promotion Remarks Driver 90% by direct recruitment after test followed by interview 10% by promotion from class IV employees subject to fulfilling qualification & clear job test/ interview VIII class passed with heavy and light duty driving license and three years experience as a driver and must also possess the following Weight not more than 65 kg. Sight 6x6 with or without glasses Knowledge of roadside repairs and efficiency in driving to be examined through a trade test by the appointing authority. Jr.Mech. 100% by promotion on seniority cum merit basis. Lower posts of 7-f such as:- i. Pump Operator ii. Electrician cum Plumber iii. Mason Craftsman iv. Tracer v. Carpenter vi. Fitter vii. Boiler attendant viii. Driver etc. Professional experience of 5 years in lower post in relevant trade OR ITI with 2 years experience in relevant trade. Sr. Technician/ Sr. Mech. 100% Promotion Jr. Mechanic/ Technician ITI with 5 years experience as Jr. Mechanic or Technician as the case may be. ITI with 5 years experience as Mechanic (For Direct Recruitment) Foreman 100% by promotion on seniority cum merit basis Senior Mechanic For promotion ITI with 15 years experience out of which 10 years as Sr. Mechanic. 3 The Government of Rajasthan under a circular dated 25.1.1992 allowed selection grades to its employees on completion of 9, 18 and 27 years of service. The notification dated 25.1.192 was subsequently superseded by an another notification dated 17.2.1998. The intention for providing selection grades under the circular dated 25.1.1992 and 17.2.1998 was to remove stagnation in service due to less number of promotional opportunities. As per the circulars aforesaid the employees in the cadre of Class-IV/Ministerial/Subordinate service are entitled for selection grades i.e. the pay scale of next promotional post on completion of a specific term of service i.e. Of 9, 18 and 27 years. The criteria for grant of selection grades prescribed is the same as applicable for consideration of promotion to next higher post. The respondent University admittedly adopted the notification dated 25.1.1992 and its all subsequent notifications issued by the Government of Rajasthan relating to grant of selection grades. The grievance sought to be redressed by the petitioners is that the respondent University is treating them as holders of an isolated post and providing the pay scales as selection grades which are less to the pay scale of the promotional posts those are of Junior Mechanic, Senior Mechanic and Foreman. According to the petitioners they are entitled for the pay scale relating to the post of Junior Mechanic on 4 completion of 9 years of service, for the pay scale of Senior Mechanic on completion of 18 years of service and the pay scale applicable for the post of Foreman on completion of 27 years of service. The petitioners have also relied upon the factum of grant of selection grades in the pay scales applicable for promotional posts to some of similarly situated drivers. The documents relating to one Shri Amarnath Driver are placed on record to substantiate the contention. It is also pointed out that the respondent University under an order dated 20.6.2008 constituted a five members committee to examine and consider claim of the petitioners for getting pay scale relating to the post of Junior Mechanic on completion of 9 years of service and the committee so constituted recommended to accord selection grades to the drivers i.e. In the pay scale of Junior Mechanic on 9 years of service, Senior Mechanic on 18 years of service and Foreman on 27 years of service. The committee aforesaid while making the recommendations as referred above considered the promotional avenues available to the drivers in the University and also the position relating to the drivers in other universities those are Mohanlal Sukhadia University, Udaipur and Maharana Pratap University of Agriculture and Technology, Udaipur. The claim of the petitioners is contested by the respondent University by asserting that the post of Driver is an isolated post and as such the 5 petitioners are not entitled for getting selection grades relating to the posts of Junior Mechanic, Senior Mechanic and Foreman. It is also stated in reply to the writ petition that the promotional avenues referred by the petitioners are not having any force of law being yet not accepted by the Board of Management of the University as required under Section 11 of the Rajasthan Agriculture University Act, 1997. It is also pointed out by counsel for the respondent University that the University is abide by a memorandum of understanding arrived between the State Government and the respondent University which prescribes that no financial burden can be enlarged, introduced or extended by the University without approval of the State Government. Heard counsel for the parties. At the threshold, counsel for the petitioners clarified that the recruitment and promotion rules which prescribes for promotion avenues to the drivers to the post of Junior Mechanic and then from the post of Junior Mechanic to Senior Mechanic and Senior Mechanic to the post of Foreman were approved by the Board of Management in its meeting dated 28.9.1998. This fact is substantiated from document Anx.1 i.e. admitted even by the respondent. According to the recruitment and promotion rules, the petitioners are admittedly having an avenue for 6 promotion to the post of Junior Mechanic. The Junior Mechanics are having an avenue for promotion to the post of Senior Mechanic and further the Senior Mechanics are having an avenue for promotion to the post of Foreman. This position is further clear from the document Anx.5 i.e. minutes of the committee constituted by the Vice Chancellor of the University under an order dated 20.6.2008 to examine claim of the drivers for promoting them to the post of Junior Mechanic and also to provide the selection grades on the promotional posts. The minutes of the committee specifically refers that the promotion avenues as referred above were approved by the Board of Management on 28.9.1998. It is also not in dispute that the respondent University adopted Government of Rajasthan circular dated 25.1.1992 and all its subsequent circulars in continuation including the circular dated 17.2.1998. As per the circulars referred above, the employees concerned are entitled for getting selection grades on completion of 9, 18 and 27 years of service and such selection grades shall be equivalent to the pay scale applicable for respective promotional post. The post of Driver with the respondent University is not an isolated post and, therefore, the petitioners are certainly entitled for getting pay scale relating to the next promotional post on completion of specific term of service i.e. of 9 years for first selection grade, 18 years for second selection grade and 27 years of service for receiving 7 third selection grade. The respondent University wrongly denied such pay scales to the petitioners by treating the post of drivers as isolated one. The memorandum of understanding arrived between the respondent University and the State Government is also of no consequence as the petitioners are claiming their right as per rules framed by the Board of Management of the University. In view of whatever said above, this petition for writ deserves acceptance and, therefore, the same is allowed. The petitioners are declared entitled for receiving the pay scale applicable for the post of Junior Mechanic as first selection grade on completion of 9 years of service, the pay scale of Senior Mechanic on completion of 18 years of service and the pay scale applicable for the post of Foreman on completion of 27 years of service. The respondent University is accordingly directed to allow selection grades to the petitioners are per declaration of their entitlement. No order as to costs. ( GOVIND MATHUR ),J. kkm/ps.