Govind Mathur, J. - (1.) THE Petitioner is substantively holding the post of Fitter with Public Health and Engineering Department and he is placed on deputation with Panchayat Samiti, Chittorgarh. The Panchayat Samiti under an order dated 16.1.1993 allowed first selection grade to the Petitioner w.e.f. 25.1.1992 and also allowed second selection grade on completion of 18 years of service from the date of his initial appointment. The second selection grade was given to the Petitioner in the pay scale of Rs. 5000 -8000.
(2.) UNDER an order dated 15.12.2008, the second selection grade granted to the Petitioner in the pay scale of Rs. 50008000/ - was withdrawn on the count that promotional avenue is available to the Petitioner was on the post of Foreman, therefore, he should have been fixed in the pay scale of Rs. 4000 -6000. Being aggrieved by the same, this petition for writ is preferred. It is submitted by learned Counsel for the Petitioner that the controversy involved in this petition for writ as a matter of fact is no more res integra in view of judgment of this Court in Sohan Lal Mathur v. State of Rajasthan and Ors. S.B. Civil Writ Petition No. 3631/2008 - decided on 17.11.2008). In the case aforesaid, this Court while relying upon another Single Bench judgment of this Court in Sharvan Kumar v. State of Rajasthan and Ors. S.B. Civil Writ Petition No. 2156/2007 - decided on 05.9.2008) held that if promotional post is having same payscale as of the feeder -post, then pay scale of next higher post is required to be given as the selection grade. In the instant matter, the Petitioner was holding the post of Fitter -I and the pay -scale of Foreman -II was given to him. The pay -scales of both the posts happens to be the same. In this view of the matter, the Petitioner should have been allowed the pay -scale applicable to the next higher post as selection grade. In the factual background above, I find that the instant matter is covered by the law laid down by this Court in the case of Sharvan Kumar and Sohan Lal (supra).
(3.) ACCORDINGLY , this petition for writ is allowed in the terms of the judgments referred above. The order Annex.10 dated 5.12.2008 is quashed and the Petitioner is declared entitled for getting pay -scale of Rs. 5000 -8000 as second selection grade on completion of 18 years of service and pay -scale of Rs. 5500 -9000 on completion of 27 years of service as the third selection grade. The entitlement as declared above is required to be executed forthwith.;