1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
O R D E R
S.B. CIVIL WRIT PETITION NO.297/2005
(Shankar Lal Vs. State of Raj. & Ors.)
Date of order : 2.9.2008
P R E S E N T
HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS
Mr. Mukesh Vyas, for the petitioner.
Mr. Rameshwar Dave, for the respondents.
Heard learned counsel for the parties.
In this case, the petitioner is claiming
selection scale which is prescribed by the State
Government for the Work Charge employees after
completion of 9, 18 and 27 years of service.
The case of the petitioner is that he was
declared semi permanent on the post of Mate after
completion of two years of service although the
petitioner has not submitted any documentary evidence
but the respondents have filed certain documents
2
including certified copy of service book of the
petitioner. In the Service Book, the first entry of
appointment has been shown as शकरल ल मट, in the second
column, it is shown as “स य ” and in seventh column,
the date of appointment is shown as 1.1.1956. Meaning
thereby, as per documentary evidence filed by the
respondents, the petitioner was initially appointed as
Mate on 1.1.1956, which is admittedly prior to
promulgation of the Work Charge Rules, 1964. The
petitioner was further promoted on the post of Mistri
as per channel of promotion provided in the Work
Charge Rules vide order dated 17.11.1978 as evident
from the service book of the petitioner. Meaning
thereby, in whole of the service tenure, the
petitioner was provided one promotion on the post of
Mistri. Therefore, according to the Circular dated
4.3.1998 issued by the Government for granting three
promotional benefits after completion of 9, 18 and 27
years of service was to be given to the petitioner but
in whole of his service tenure only one promotion and
one selection scale was given to the petitioner vide
order dated 17.11.1978 and dated 21.7.2001 (Annexure-
2) respectively. In this view of the matter, the
petitioner is entitled to be considered for grant of
selection scale as per Circular dated 4.3.1998 by the
Government for granting three selection scales after
completion of 9, 18 and 27 years of service to the
work charge employee. Admittedly, the denial of
3
second selection scale to the petitioner is totally
unfounded, therefore, respondents are directed to
calculate the service period of the petitioner w.e.f.
1.1.1956 on the post of Mate and thereafter, re-
consider the matter of grant of selection scale to the
petitioner and while doing so, the fact of promotion
on the post of Mistri may be taken into account.
Learned Dy. Govt. Counsel submitted that the
petitioner was initially appointed as Beldar.
Thereafter, he was promoted on the post of Mate in the
year 1963 and as per Work Charge Rules, 1964, the post
of Mate may be filled in 100% by promotion only.
In my opinion, the statement made by learned
Dy. Govt. Counsel is totally baseless because Work
Charge Rules were made applicable in the year 1964
whereas as per service book of the petitioner his
initially appointment has been shown w.e.f. 1.1.1956
on the post of Mate when Work Charge Rules were not in
existence.
In this view of the matter, the petitioner is
entitled for three selection scale as per Circular
dated 4.3.1998, if no promotion is granted in the
service. Admittedly, the petitioner was granted one
promotion in the year 1978 on the post of Mistri and
third selection scale on 21.7.2001 after completion of
27 years of service. Therefore, the petitioner is
4
still entitled for second selection scale as per the
notification issued by the State Government.
Accordingly, the respondents are directed to
reconsider and to pass fresh order for granting
benefit of selection scale as per Circular issued by
the Government for granting selection scale in lieu of
promotion while taking into account first appointment
on the post of Mate w.e.f. 1.1.1956 and first
promotion on the post of Mistri on 17.11.1978. The
respondents are directed to grant all consequential
benefits including arrears and revised pension within
a period of three months from the date of receipt of
certified copy of this order. No order as to costs.
With the aforesaid observation/direction,
this writ petition is disposed of.
(GOPAL KRISHAN VYAS), J.
arun