Kanchan Devi Bafna vs State & Ors on 3 December, 2008

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               S.B.CIVIL WRIT PETITION NO. 2266/2007
        Smt. Kanchan Devi        Vs.       State of Raj. & Ors.


             Date of Order       ::           3.12.2008


                HON'BLE MR. JUSTICE GOVIND MATHUR

      Mr Mukesh Rajpurohit, for the petitioner/s.
      Mr C.S. Ojha, for the respondents.

                                ...


      By an order dated 20.10.1993 an appointment was given to the

petitioner as Gram Sewika in the pay scale of Rs.950-1680. The service

of the petitioner stood affirmed on 12.1.1998. A tentative seniority list

was declared by the Deputy Director (Admn.), Women and Child

Development    Department,    Government    of   Rajasthan,   Jaipur   on

12.10.1998 wherein name of the petitioner is shown at S.No.95. The

respondents as per the notification dated 25.1.1992 allowed selection

grades to one another Gram Sewika          Smt. Renu Mathur       w.e.f.

4.11.2002. The grievance of the petitioner is that aforesaid Renu Mathur

is junior to her in the cadre of Gram Sewika, and therefore,           the

selection grades as allowed to Smt. Renu are also required to be given

to her on completion of nine years of service on the post of Gram

Sewika. It is pointed out by learned counsel for the petitioner that the

selection grade applied for Smt. Renu is Rs. 5000-8000/- from the pay

scale of Rs.3000-4590/- (pre revision 1400-1600/-).
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      As per the respondents, some amendment is under consideration

in the Rules regulating recruitment to the post of Gram Sewika,

therefore, the selection grade was not extended to the petitioner. So

far as the fact regarding the grant of selection grade to Smt. Renu

Mathur is concerned, that has not been disputed by the respondents.

With regard to her it is stated that selection grades were given before

the proposed amendments, and as such, the grant of selection grade to

her was not effected.




      Heard counsel for the parties.




      It is not in dispute that the petitioner as well as Smt. Renu are

holding the post of Gram Sewika and Smt. Renu Mathur before getting

selection grade was running in the pay scale of Rs.5000-8000/-. It is also

not in dispute in the seniority list issued by the respondents that the

petitioner stands on higher pedestal vis-a-vis Smt. Renu Mathur. The

only reason given by the respondents for denying selection grades to

the petitioner is that some amendment in the Rules regulating

recruitment to the post of Gram Sewika is under the consideration. It is

strange that the respondents have extended        selection grades to a

person who was at lower pedestal in the seniority list of Gram Sewikas

than the petitioner and now are denying the same relief due to

proposed amendment in the Rules regulating recruitment to the post of
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          Gram Sewika. This can not be a just reason to deny selection grades to

          the petitioner. The respondents are required to extend selection grades

          to the petitioner on the promotion post available under the Rules

          regulating recruitment, otherwise the discrimination among the equals

          shall be on face.   In the event the post of Gram Sewika is isolated one

          the respondents are required to give selection grades as per para 5 of

          notification dated 25.1.1992 issued by the Government of Rajasthan. In

          the instant matter from perusal of the record it is apparent that the

          pay scale of Rs. 5000-8000 is given to a person similarly situated that is

          Smt. Renu Mathur, therefore, the petitioner is certainly entitled for

          getting the same pay scale as selection grade on the date she

          completed nine years of service.



                Accordingly, this petition for writ is allowed. The respondents are

          directed to allow selection grade to the petitioner as per the

          Government of Rajasthan notification dated 25.1.1992 on completion of

          nine years' of service on the post of Gram Sewika by maintaining parity

          with Smt. Renu Mathur. The respondents are required to execute the

          directions aforesaid within a period of three months from today.

                                                          (GOVIND MATHUR), J.

Jgoyal’