Ajay Rastogi, J. - (1.) INSTANT petition has been filed by the petitioner assailing the order Annx. 9 dated 10th January, 2008 whereby his application for grant of selection scale from the date of initial appointment was rejected and it was observed that he was entitled from the date he qualified Patwar examination.
(2.) THE petitioner was initially appointed as Patwari in the Department of Irrigation vide order Annx. 1 dated 04th September, 1975. As per names nominated by the Employment Exchange, petitioner was considered for appointment as Patwari, on temporary basis. Although there was a condition that his services may be continued till Patwar pass candidates are availabile but the fact remains that by an order dated 27th April, 1977, petitioner's name was included in the seniority list of Patwaris, after being confirmed with effect from 01st March, 1977. He later on also passed Patwar examination in December, 1980. Learned Counsel for the petitioner submits that once the petitioner was confirmed from 01st March, 1977, that certainly makes his appointment substantive and also entitled for grant of selection grade in view of circular issued by the Government on 25th January, 1992. However, though initially the benefit of selection scale was admissible from the date of initial appointment but in the light of judgment of Hon'ble Apex Court in : 2009 (2) RLW 1481 (SC) - State v. Jagdish Chaturvedi, that only makes him entitled for the benefit of selection scale from the date of his substantive/ regular appointment. Thus, it makes the petitioner entitled for the benefit of selection scale from the date he stood confirmed in the cadre of Patwari.
(3.) THE respondents have replied the petition in which it was averred that since it was a condition offered in the order of initial appointment i.e. 04th September, 1975 that his services will continue till Patwar pass candidates are made available and he qualified Patwar examination in December, 1980, as such, he can be considered to be substantively appointed only from the date he qualified the Patwar examination and not prior thereto. In these circumstances, his application filed for the purpose of grant of selection scale from the date of initial appointment has rightly been rejected by the respondents, for which communication is made in 2008.;