State Of Rajasthan And Anr vs Surendra Mohnot And Ors

On 25.1.1992, the State of Rajasthan issued a circular which pertained to prescription of Selection Grades for employees in Class IV, Ministerial and subordinate services and those holding isolated posts and fixation of pay in Selection Grades. The circular was made applicable to certain categories of employees and it also prescribed the period. Paragraph 2 of the circular stipulated that (i) the first Selection Grade shall be granted from the day following the day on which one completes service of nine years, provided that the employee has not got one promotion earlier as is available in his existing cadre; (ii) the second Selection Grade shall be granted from the day following the day on which one completes service of eighteen years, provided that the employees has not got two promotions earlier as might be available in his existing cadre and the first Selection Grade granted to him was lower than the pay scale of Rs.2200-4000; and

(iii) the third Selection Grade shall be granted from the day following the day on which one completes services of twenty seven years, provided that the employee has not got three promotions earlier as might be available in his existing cadre and the first or the second Selection Grade granted to him as the case may be was lower than the pay scale of Rs.2200-4000. Paragraph 3 provided that the service of 9, 18 and 27 years, as the case may be, would be counted from the date of first appointment in the existing cadre/service in accordance with the provisions contained in the Recruitment Rules. It is apt to note here that the circular postulated certain other conditions which are as follows: -

and host of other factors.

The Court in appropriate cases in its discretion may direct the State or its instrumentalities as the case may be to file proper affidavits placing all the relevant facts truly and accurately for the consideration of the Court and particularly in cases where public revenue and public interest are involved. Such directions are always required to be complied with by the State. No relief could be granted in a public law remedy as a matter of course only on the ground that the State did not file its counter-affidavit opposing the writ petition. Further, empty and self-defeating affidavits or statements of [pic]Government spokesmen by themselves do not form basis to grant any relief to a person in a public law remedy to which he is not otherwise entitled to in law.” The above quoted passage speaks eloquently and we respectfully reiterate. And we add, non-acceptance of a mistake is not a heroic deed. On the contrary, it reflects flawed devotion to obstinancy. The ‘pink of perfection’ really blossoms in acceptance.

Our preceding analysis would clearly show that the dictum in Jagdish Narain Chaturvedi (supra) covers the controversy. The respondents prior to regularization were not members of service or a part of the cadre and hence, the benefit of the circular pertaining to selection grade was not applicable to them. Therefore, the irresistible conclusion is that they are only entitled to the benefit of selection grade from the date of regularization. The period of nine years, eighteen years and twenty seven years has to be computed from that date. True it is, they may have been given the first benefit on an erroneous understanding of the circular and also prior to the decision in Jagdish Narain Chaturvedi’s case. But that would not entitle them to assert their claim on that basis, for that would be contrary to the law of the land as stated in Jagdish Narain Chaturvedi’s case. Be it noted, the State, as the latter circular would indicate, has decided not to take any steps for recovery of the benefit. Therefore, we conclude and hold that the writ petition preferred by the respondents before the High Court deserves dismissal and, accordingly, the order passed by the writ court and the decision in intra-court appeal are set aside and the writ petition stands dismissed.