MURLIDHAR VERMA & ORS Vs. SWAMI KESHWANAND RAJASTHAN
LAWS(RAJ)-2011-5-258
HIGH COURT OF RAJASTHAN
Decided on May 10,2011

Murlidhar Verma And Ors Appellant
VERSUS
Swami Keshwanand Rajasthan Respondents

JUDGEMENT

- (1.) In all the above four writ petitions, identical controversy of law is involved, therefore, these writ petitions are hereby decided by this common judgment. For the sake of convenience, facts of S.B. Civil Writ Petition No.2953/2010, Murlidhar Verma & Others Vs. Swami Kishvanand Rajasthan Agriculture University, Bikaner & Another, are taken into consideration for deciding the controversy. In the writ petition, following prayer has been made by the petitioners: () The impugned notices dated 3.7.2007 (Anx-12), 11.7.2007 (Anx 13), letter dated 14.3.2008 (Anx 15), letter dated 23.10.2010 (Anx-6), reminder letter dated 6.1.2010 (Anx-18) may kindly be quashed and set aside. () The respondents may kindly be restrained to affect any recovery from the petitioners any they may be further restrained to withdraw or to amend the benefits of selection grades, which is already allowed to them () The respondents may kindly be directed to grant the benefit of selection grades to the petitioners w.e.f. 25.1.1992 on completion of their 9, 18, 27 years of service in pursuance to order dated 4.7.1996 (anx-3) with all consequential benefits. () The respondents may kindly be further directed to make necessary fixations in the pay scale after granting the benefit of selection grades in the aforesaid manner and difference of amount may be paid to the petitioner within stipulated time prescribed by the Hon ble court. () Any other relief to which the petitioners are entitled, may be granted in their favour. () The writ petition may be allowed with costs
(2.) The claim of the petitioner is that they were appointed regularly on the posts of Agriculture Supervisor (Non Graduate) and performing their duties with utmost satisfaction of the University. The state Government promulgated scheme of granting selection scale for the employees vide circular dated 25.01.1992 for removing financial stagnation of the employees. The said notification dated 25.01.1992 was adopted after passing resolution by the respondent University vide order dated 12/13-01-1992. The petitioners who are working on the posts of Agriculture Supervisor were held to be entitled for the first selection scale in the pay scale of the post of Assistant Agriculture Officer which carries the pay-scale of Rs.5500-9000 (1640-2900). The petitioners were granted first selection scale after completion of 9 years of service which is prescribed for the post of Assistant Agriculture Officer. Although the selection scale was granted after completion of 9 years of the service; but, the petitioners were not allowed arrears from 25.01.1992 to 03.07.1996 and fixation was made on notional basis.
(3.) In the writ petition, it is pleaded that a committee was appointed to examine the discrepancies occurring in grant of selection scales to non-graduate Agriculture Supervisors. The said committee, in the year 1997-1998, observed that wrong selection scale has been granted to 120 Agriculture Supervisors, three-fourth of them are working in Maharana Pratap University of Agriculture University, Bikaner and they are getting the benefit of selection scale in accordance with order dated 04.07.1996. It is admitted position of the case that all the petitioners were allowed benefit of selection scale in accordance with order dated 04.07.1996. However, all of a sudden, vide order dated 09.08.1996, order dated 04.07.1996 was cancelled by the respondent University.;


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