1 S.B. Civil Writ Petition No.773/2009 Jagdish Bhanoda. vs. State of Rajasthan & ors. S.B. Civil Writ Petition No.773/2009 Jagdish Bhanoda. vs. State of Rajasthan & ors. Date : 29.7.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.Mukesh Vyas, for the petitioner. Mr.KK Bissa, for the respondents. - - - - - Heard learned counsel for the parties. By circular dated 25.1.1992 issued by the Government for providing benefit of selection scale on completion of 9, 18 and 27 years of service, in case of employees not given the benefit of first, second and third promotion. Even on completion of 9, 18 and 27 years of service, the petitioner since was not given full benefit, therefore, the petitioner along with other several persons approached this Court by filing separate writ petitions. The petitioner's writ petition is SBCWP No.2580/2006 which was decided along with other connected writ petitions by the order dated 2 S.B. Civil Writ Petition No.773/2009 Jagdish Bhanoda. vs. State of Rajasthan & ors. 25.2.2008. The facts of the said case were that the petitioner was appointed on the post of village level worker and on completion of 9 years of service, the benefit of selection scale was given vide order dated 22.9.2006 in the pay scale of 4000-6000. Thus, while granting the benefit of first selection scale as per the circular dated 25.1.1992, the petitioner was not granted benefit of pay scale of promotion post which is according to him is the post of Instructor/Panchayat Extension Officer having the pay scale of 5000- 8000. The contention of the petitioner was that he should be given benefit of pay scale of promotional post. In the above writ petition, the respondents admitted that the promotion for the post of Village Level Worker is that of Instructor/Panchayat Extension Officer but for the reasons that the Government issued a circular on 30.10.94 stating that the post of Village Level Worker having no avenue of promotion. Thus, the pay scale mentioned in the circular was admissible on completion of 9, 18 and 27 years of service. On this ground, the petitioner was not allowed the pay scale of promotional post. The said circular was considered by this Court in the above referred 3 S.B. Civil Writ Petition No.773/2009 Jagdish Bhanoda. vs. State of Rajasthan & ors. judgment dated 25.2.2008. This Court considered the question whether the promotion on the post of Instructor/Panchayat Extension Officer from the post of Village Level Worker exists within the same service/cadre or not. After considering that issue, this Court held as under :- “In view of the position stated above, the action of the respondents in denying pay scale of the promotional post to the petitioner on completion of 9 years of service prima facie cannot be held to be valid and accordingly, the grant of pay scale pursuant to the circular dated 3.10.1994 cannot be said to be proper. Yet it would be appropriate to direct the respondents to consider this aspect as has been dealt with in this judgment and if the promotion exist in the same service cadre then either correcting the circular dated 3.10.1994 or by withdrawing the same, the petitioner and similarly situated candidates should be extended benefit of pay scale as otherwise admissible at par with promotional post.” The matter was considered by the State Government in detail and orders Annex.4, 5 & 6 dated 9.4.2008, 12.6.2008 and 20.6.2008 were passed. By these orders, it has been held that the 4 S.B. Civil Writ Petition No.773/2009 Jagdish Bhanoda. vs. State of Rajasthan & ors. petitioner and the like persons are entitled to first selection scale in the pay scale of 5000- 150-8000 of promotional post of Panchayat Extension Officer. The grievance of the petitioner is that instead of giving said benefit from time of completion of 9 years of service, the State has awarded the benefit from 12.6.2008 which appears to be because of the reason that the State took the decision on 12.6.2008 vide Annex.5. It is submitted that it is not material when the decision was taken, the material is what decision was taken. The decision taken was that the petitioner and like persons were entitled to the pay scale of Rs.5000-150-8000 on completion of 9 years of service. 9 years completes with expiry of 9 years from the date of regular appointment of the petitioner. It is submitted that there is no reason to give selection scale to the petitioner from 12.6.2008 as on that date, neither the petitioner completed 9 years of service nor any other event took place except the fact that the respondents removed the anomaly on 12.6.2008 which the respondents should have done much earlier. Learned counsel for the respondents submitted 5 S.B. Civil Writ Petition No.773/2009 Jagdish Bhanoda. vs. State of Rajasthan & ors. that the matter was thoroughly considered in the light of the observation made by this Court in the judgment dated 25.2.2008 and thereafter, by order dated 12.6.2008, it has been decided to give benefit of first selection grade in the pay scale of 5000-150-8000 of promotional post of Panchayat Extension Officer to the petitioner and like persons and before that, there was no decision of the Government. It is submitted that in the order dated 12.6.2008, it has been specifically mentioned that these orders shall come into force with immediate effect and, therefore, it can be given effect from 12.6.2008. I considered the submissions of learned counsel for the parties and perused the relevant orders placed on record as well as circular dated 25.1.1992. It is clear from the earlier round of litigation that this Court held that the petitioner and like persons are entitled to selection grade on completion of 9 years of service and they were held entitled to selection grade in the pay scale of 5000-150-8000. This benefit is given to all the employees with effect 6 S.B. Civil Writ Petition No.773/2009 Jagdish Bhanoda. vs. State of Rajasthan & ors. from completion of 9 years of service and is not dependent upon the date of order. It appears that by order dated 12.6.2008, the State Government only did what it should have done earlier and if the order is passed by the Government of giving selection scale to the petitioner from 12.6.2008, then that would result in anomaly which has been created because of the fact that the Government took decision late and on 12.6.2008. In view of the above reasons, this writ petition is allowed and it is held that the petitioner is entitled to benefit of selection grade in the pay scale of 5000-150-8000 on completion of 9 years of service and not from the date of order dated 12.6.2008 and all other benefits in consequence thereof. In view of the above, fresh orders may be passed qua the petitioner in place of the order dated 20.6.2008. (PRAKASH TATIA), J. S.Phophaliya