1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.5665/2005. Jogendra Singh Vs. State of Rajasthan & Ors. WITH S.B. CIVIL WRIT PETITION No.8806/2002. Mahaveer Prasad Sharma Vs. State of Rajasthan & Ors. WITH S.B. CIVIL WRIT PETITION No.4183/2002. Mangi Lal Vs. State of Rajasthan & Ors. WITH S.B. CIVIL WRIT PETITION No.5273/2005. Bhagwati Prasad Vs. State of Rajasthan & Ors. WITH S.B. CIVIL WRIT PETITION No.5871/2003. Mahaveer Prasad & Ors. Vs. State of Rajasthan & Ors. WITH S.B. CIVIL WRIT PETITION No.8352/2005. Jagdish & Ors. Vs. State of Rajasthan & Anr. WITH S.B. CIVIL WRIT PETITION No.5274/2004. Prem Devi Vs. State of Rajasthan & Ors. WITH S.B. CIVIL WRIT PETITION No.4223/2002. Tara chand Mahavar Vs. State of Rajasthan & Ors. WITH S.B. CIVIL WRIT PETITION No.4644/2002. Natvar singh Vs. State of Rajasthan & Ors. Date of Order :: 10.4.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Manoj Pareek for the petitioner. Mr. Pradeep Kalwania, Addl.Govt.Counsel for the State. Heard learned counsel for the parties. 2 2. All these writ petitions have been filed by retired Government servants, who were initially appointed in the services of respondents on work charged basis and were later made permanent as per following chart :- ______________________________________________________ Writ Number Name Conferred with Date of Retirement semi-permanent/ regularisation ______________________________________________________ 5665/2005 Jogendra Singh 1.2.1979 30.11.1993 5273/2005 Bhagwati Prasad 1.8.1972 28.2.1993 5274/2005 Smt. Prem Devi 1.1.1971 30.11.1995 8806/2002 Mahaveer Prasad 9.8.1972 3.9.1997 4223/2002 Tarachand 1.9.1972 31.8.2000 4644/2002 Natwar Singh 1.2.1979 28.2.2001 4183/2002 Mangilal 1.8.1972 31.10.1995 5871/2003 Mahaveer Prasad & others 1.9.1972 --- 8352/2005 Jagdish 5.2.1962 31.12.2000 '' Trilok Singh 1.1.1971 31.10.1994 '' Harbansh Singh 1.4.1982 30.6.2002 '' Ibraham 1.1.971 31.3.1997 '' Bhanwar Singh 31.3.1976 30.6.1997 '' Sita Ram 31.3.1976 30.11.1994 '' Kamal Kumar 1.2.1967 31.10.1977 '' Arjun Singh 1977 31.7.2000 '' Bhonri Lal 1977 30.6.1997 __________________________________________________ 3. The Government by its circular dated 25.1.1992 introduced the scheme for grant of selection scale on completion of 9, 18 & 27 years of service to the members of subordinate service. Some of such government servants, who 3 were originally borne on work charged establishment of the Government and were then brought on regular establishment after being conferred with permanent status approached Rajasthan Civil Service Appellate Tribunal and this Court. The orders were passed by the Tribunal and this Court directing respondents to treat their services for the purpose of grant of selection scale in terms of aforesaid circular at least from the date they were made permanent and brought in regular establishment. Petitioners in SB Civil Writ Petition No.8806/2002, No.4183/2002, No.4223/2002 and No.4644/2002 approached the Tribunal praying for a similar direction to grant such benefits to them and the Tribunal allowed their appeals. These writ petitioners have approached this Court with the grievance that respondents have so far not complied with judgment of Tribunal and, therefore, they be directed to do so. The writ-petitioners in Writ Petition No.5665/2005, No.5273/2005 and No.5274/2005 were however disappointed when their appeals claiming the same relief were rejected by the Tribunal. They have approached this Court challenging the judgment of Tribunal dismissing their appeal and claiming the same benefits. The writ-petitioners in Writ Petitions No.5871/2003 and No.8352/2005 have directly approached 4 this Court with the same prayer. 4. Learned counsel for the petitioner has at the outset invited attention of the Court towards the judgment passed by Coordinate Bench of this Court in SB Civil Writ Petition No.1719/2000 : Hari Singh Yadav Vs. State of Rajasthan & Ors. and connected three writ petitions decided on 18.4.2002 wherein the Tribunal had originally allowed the appeals of petitioners, but subsequently when they filed contempt petition, some what reviewed its order saying that its judgment would be effective only prospectively i.e. only from the date of passing of judgment, which in other words mean that appellants would not be getting any relief because all of them stood retired prior to passing of aforesaid judgment. Similar is the situation in one of these cases namely; SB Civil Writ Petition No.4183/2002 : Mangi Lal Vs. State of Rajasthan & Ors. This Court while allowing the writ petitions passed the following orders :- “SB Civiil Writ Petiton No.1739/2000 (Hari Singh Yadav Vs. State & Ors.) SB Civil Writ Petition No.1903/2002 (Bhanwar Lal Vs. State & Ors.) SB Civil Writ Petition No.1904/2002 (Prabhulal Vs. State & Ors.) 5 SB Civil Writ Petition No.1905/2002 (Dhanalal Vs. State & Ors.) Hon'ble Mr. Justice P.P.Naolekdar Date of Order : 18.4.2002 Mr. Manoj Pareek for the petitioners. Mr. N. S. Rathore for respondents. With the consent of the learned counsel appearing for the respective parties all four petitioners are finally heard and being disposed of. In all the petitions the petitioners were initially appointed as work-charge employees. On completion of 10 years of service they were absorbed in the regular cadre. As the petitioners were not given the benefit of the selection scale on completion of 9, 18 & 27 years of service as per government Circular dated 25.1.1992, they approached the Service Tribunal. The Service Tribunal vide its order dated 10.6.21977 directed as under :- “This Tribunal is bound by the judgment of the Hon'ble High Court of Rajasthan and therefore, in the light of the discussions made above all the appeals are hereby accepted and its ordered that for the grant of the selection scale, the services may be counted from the date of their reuglarisaton on completion of 10 years of service.” Thereafter, as the petitioners were not given the selection scale, they approached the Service Tribunal 6 for initiation of proceedings under the Contempt of Courts Act against the respondents. The Service Tribunal vide order dated 10.5.1999 while entertaining the application for contempt filed by the petitioners, directed that the benefit of grant of selection grade shall be given to the petitioner from the date of the order passed by the Service Tribunal i.e. On 10.6.1997, as in the previous order no date has been specified for the purpose of counting the period for giving the benefits of selection scale to the petitioners. Aggrieved of the said direction these Writ Petitions have been filed. The order of the tribunal passed on 10.5.1999 is not in conformity with any provisions of law. In the order of the tribunal dated 10.6.1997 it has been clearly said that for grant of selection scale the services of the petitioners shall be counted from the date of their regularisation on completion of 10 years of service. Thus, the date from which the services of the petitioners shall be counted for the purpose of grant of selection grade would be the date on which the petitioners have been regularised. The directions given by the tribunal are unambiguous and do not require any clarifications. The order of the tribunal dated 10.5.99 passed in contempt petition is set-aside so far it relates to the directions issued by the tribunal in regard to the date from which the services of the petitioners shall be counted for the purpose of grant of selection scale. It is made clear that the petitioners would be entitled for 7 grant of selection scale counting their services from the date of their regularisation as is being directed by the Tribunal in its order dated 10.6.19997.” 5. Four similar writ petitions were again allowed by Coordinate Bench of this Court in Megh Singh Vs. State of Rajasthan & Ors. : SB Civil Writ Petition No.5707/1996 and three connected writ petitions decided on 17.5.2000. In this judgment, the Court noticed the circular dated 3.3.1997 issued by Government itself wherein it was directed that period of service for the purpose of grant of selection scale shall be counted w.e.f. 1.4.1994, if a work charge employee is regularised earlier thereto and if subsequently, from the date of regularisation for the purpose of grant of selection scale in the aforementioned scheme. The Court allowed writ petitions and directed that petitioners would be entitled to receive benefits of selection scale form the date of regularisation because they would then be governed by Rajasthan Service Rules, 1951. The benefit of leave encashment has also been ordered to be paid to employees treating them as regular government servant from the date of their regularisation/confirmation of permanent status. Reference may be made to judgments of this court in the 8 cases of Gyanchand & Ors. Vs. Secretary PWD & Ors. : 2005 WLC (Raj.) UC, 480, Sachin Kumar Vs. State of Rajasthan : 2006 WLC (UC), 758 and Kishan Lal & Ors. Vs. State of Rajasthan & Ors. : SB Civil Writ Petition No.4696/2002 decided on 4.9.2002. In one of these matters, appeal was taken to Division Bench at the instances of Government in Kishan Lal & Ors. Vs. State of Rajasthan & Ors. : DB Special Appeal (Writ) No.61/2003 decided on 27.7.2004. In fact, the Government filed appeal against the judgment passed by Single Bench in Kishal Lal (supra). The Division Bench however dismissed the appeal filed by the Government and concurred with the view taken by learned Single Judge that once the worked charged employees were made permanent and were taken into regular establishment of Government, they were entitled to all the benefits at par with the regular Government servants including earned leave or encashment of leave would be payable to regularised work charged employees as well. 6. Shri Pradeep Kalwania, learned Additional Government Counsel has opposed the writ petition and submitted that Government has passed the order granting benefit of selection scale to the work charged employees 9 recently on 30.9.1998, therefore, all the petitioners, who stood retired prior to that date are not entitled to such benefits. In view of consisted view taken by this Court in number of judgments referred to supra, all these writ petitions are allowed. The judgment passed by the Tribunal in Writ Petitions No.5665/2005, No.5273/2005 and 5274/2005 are set aside and the respondents are directed to count the period of service rendered by petitioners from the date of their conferment of permanent status upon them for the purpose of counting 9, 18 & 27 years of service under Circular dated 25.1.1992 and accordingly, grant them all such benefits with consequential benefits together with interest @ 6% per annum. Compliance of this judgment be made within three months from the date its copy is produced before the respondents. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.27 to 35.