STATE OF RAJASTHAN Vs. MUSARRAT ALI

JUDGEMENT

(1.) These appeals arise out of common background. They have been heard together and are being disposed of by this common judgment. For convenience facts may be recorded from D.B. Special Appeal Writ No. 570/2020 which arises out of Civil Writ Petition No.18601/2012. The respondent No.1 Musarrat Ali was appointed in the Government service on the post of LDC under order dtd. 8/9/1981. He was thereafter granted first selection grade in the pay scale of next promotional post of UDC by order dtd. 19/8/1992. Upon completion of 18 years of service he was granted second selection grade in the pay scale of Office Assistant by order dtd. 24/9/1999. It may be noted that the employee was assigned duties in the setup of the Rajasthan State Cooperative Tribunal. Several years later the employee approached the Rajasthan Civil Services Appellate Tribunal and challenged the order dtd. 24/9/1999 and prayed that he may be granted second selection grade on the post of Munsrim and thereafter upon completion of 27 years of service, he may be granted third selection grade in the pay scale of Assistant Registrar with effect from 8/9/2008. This prayer was resisted by the Government inter-alia on the grounds that for the employees of the Cooperative Tribunal no separate setup has been sanctioned or service rules framed. They are governed by the Rajasthan Ministerial Staff Service Rules, 1957 (hereinafter to be referred as ..the Rules of 1957..) which were later on superseded by the Rules of 1999. It was pointed out that as per the Rules of 1957 and 1999 from the post of LDC promotion is available to the next higher post of UDC and from that to the Office Superintendent. It was also contended that the challenge was made after long delay and therefore should not be entertained. It was pointed out that the employee was granted benefit of pay upgradation as per the circular of the Government dtd. 25/1/1992 and which is in order.

(2.) Ignoring such opposition of the Government the Tribunal passed an order dtd. 4/6/2012 and allowed the appeal of the employee. It was held that the order dtd. 27/8/1999 was defective and the employee shall be granted second scale upgradation on completion of 18 years of service in the higher scale of Rs.5500.009000 instead of scale of pay of Rs.5000.008000 granted to him.

(3.) This order of the Tribunal was challenged by the State Government in Civil Writ Petition No.18601/2012. According to the learned Additional Advocate General in the writ petition erroneously following averments were made:-