IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.1004/01 Mukut Singh vs. State & Ors. Date of order : 27/11/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri A.K. Bajpai for the petitioner. Shri Hemant Gupta, Addl. Govt. Counsel for the respondents. ****** The petitioner Mukut Singh has filed this writ petition with the prayer that the respondents be directed to grant him benefit of third selection scale upon his completing 27 years of service with effect from 3.3.1997 and accordingly revise his retiral benefits with the further direction to pay to him arrears thereof together with interest @ 24% per annum. Shri A.K. Bajpai, learned counsel for the petitioner has argued that the petitioner was appointed as Helper Wireman on daily wages with the respondents on 10.8.1962. His services were regularised and his pay was fixed in the regular pay scale with effect from 10.6.1963. Petitioner then was promoted as Helper Gr.I and finally upon attaining the age of superannuation retired as per the service of the respondents on 31.5.2000. Petitioner thus rendered 37 years of total service. When he was not granted benefit of selection grades, he filed writ petition no.651/1994. The writ petition was disposed of with liberty to the petitioner to make a representation to the respondents and the respondents were directed to consider and decide the same. Petitioner was granted benefit of selection grade with effect from 23.3.1997 on completion of 9 and 18 years of service, even though he completed 9 and 18 years earlier. The petitioner in fact completed 9 years in the year 1972, 18 years in the year 1981 and 27 years in the year 1990. Even if taking from the date of regular appointment, the petitioner would be entitled to third section scale on 23.3.1997. The representation of the petitioner was accepted by the respondents who allowed him promotion in the year 1994 to the post of Wireman Gr.I. Learned counsel relied on the order dated 16.2.1999 and on that basis, referred to the case of Mohammed Tahir, Electrician II, Bhainro Singh, Wireman II and Ganpat Ram, Electrician II all of whom were allowed benefit of second and third selection grades with effect from 1.1.1998. The case of Bhainro Singh is exactly similar to that of the petitioner who was also Wireman-II and his initial appointment was made on 8.4.1971, much later than that of the petitioner. It was therefore prayed that the writ petition be allowed in the aforesaid terms. The respondents filed the reply to the writ petition in which they have stated that petitioner was declared semi permanent on 3.9.1964. Petitioner has also been granted benefit of third selection scale upon completion of 27 years of service by order dated 27.5.2000. Petitioner was granted promotion from the post of Helper to Wireman- II on 1.2.1984. Such averment is made in para 7 of the reply as also in reply to grounds (b) and (e) that petitioner has been granted all the benefits including the benefit of selection grade on completion of 27 years of service. When the matter was earlier heard by this Court on 1.4.2008, this Court taking note of the aforesaid pleadings of the respondents directed them to file affidavit in regard to the averment made in para 7 and the necessary documents in reference to which third selection scale on completion of 27 years of service was granted to the petitioner. When the matter was next listed before the Court on 27.8.2008, the aforesaid direction was reiterated. However, so far no such order has been produced, nor has any affidavit been filed. The pleadings of the parties especially the averments made by the respondents thus clearly shows that they do not deny the factum about the grant of third selection grade to the petitioner. Petitioner has however filed rejoinder in which he has clarified that he was allowed second selection grade on completion of 18 years of service with effect from 3.3.1997 whereas he has completed 27 years of service in the year 1990 and therefore he was entitled to third selection scale. Reference is made to the letter no.52 of the Assistant Engineer, PWD, Sub-division- I, Jaipur to the Assistant Engineer Electrical Sub-division (I), PWD, Jaipur dated 24.4.2000 and also the letter no.87 dated 8.5.2000 written by Assistant Engineer Electrical Sub- division (I), PWD, Jaipur to Assistant Engineer, PWD Sub-division-I, Jhunjhunu, wherein third selection scale was recommended to the petitioner on certification of the fact that he had completed 27 years of service and was declared semi permanent on the post of Helper Gr.I on 8.7.1963. The facts aforesaid clearly show that the petitioner was initially appointed on 10.8.1962. He completed 9 years of service in the year 1972, 18 years of service in the year 1981 and 27 years of service in the year 1990. Though the petitioner has stated that he has been granted benefit of second selection grade with effect from 3.3.1997 but the respondents have at least in three different parts of the reply to the writ petition admitted having given him benefit of selection scale payable upon completion of 27 years of service. In fact, in para 7 of the writ petition, it is stated that such benefit was granted to the petitioner vide order no.595 dated 27.5.2000 issued by the Additional Chief Engineer, PWD Zone-I, Jaipur. Cop[y of the aforesaid letter was initially proposed to be filed with the reply and this was so typed out in para 7, but when the reply was filed this part was scored out and the copy of order dated 27.5.2000 was not filed. In view, however, of clear admission of the respondents that they have granted such benefit to the petitioner, there is no reason why the petitioner should not be paid the consequential benefits. In the result, this writ petition is allowed. The respondents are directed to pay to the petitioner arrears of pay, if not paid already, pursuant to grant of third selection scale to him on completion of 27 years of service with interest @ 6% per annum. Compliance of the judgement be made within three months from the date copy of this judgement is produced before the respondents. (MOHAMMAD RAFIQ), J. RS/