- (1.) AS per the Government of Rajasthan notification dated 25.01.1992, selection grades on completion of 9, 18 and 27 years of service were given to the respondent Government servant by the petitioners by computing the term of service from the date of his initial appointment. The State Government modified the date from which the term of 9, 18 and 27 years of service was to be computed and the term of service was to be determined by taking into consideration the date on which the Government servant qualified the screening and efficiency test for regularization in service, accordingly, the dates for granting selection grades were also deferred. Being aggrieved by the same, the respondent Government servant preferred appeal before the Rajasthan Civil Services Appellate Tribunal. The appeal came to be allowed by the order dated 28.05.2005. Being aggrieved by the same, this petitions for writ is preferred by the State Government.
(2.) IT is averred in the petition for writ that the selection grades granted to the Government servants are in lieu of promotion, therefore, the period of service rendered in ad hoc capacity cannot be taken into consideration for the grant of selection grades. It is also pointed out that the Hon'ble Supreme Court in the State of Rajasthan & Ors. Vs. Jagdish Narain Chaturvedi (Civil Appeal No.3620/2009) and other batch of civil appeals has also taken the view that the period of service rendered in ad hoc capacity cannot be taken into consideration for grant of selection grades. In view of the judgment referred above, this petition for writ deserve acceptance, however, learned counsel for the respondent Government servant has pointed out that after passing of the judgment of the Hon'ble Supeme Court in the case of Jagdish Narain Chaturvedi (supra), a decision was taken by the Government of Rajasthan circulated under the order dated 20.08.2010 for not disturbing selection grades, if already granted prior to 29.06.2009. The decision taken by the State Government reads as under :- "Sub. : Prescription of Selection grades for employees in Class-IV Ministerial and Subordinate Services and those holding isolated posts and fixation of pay in Selection Grades issued in accordance of Supreme Court Judgment dated 08.05.2009 in Civil Appeal No.3620/09. The State Government Servants in Class-IV, Ministerial and Subordinate Services and holders of isolated posts whose maximum of the pay scale does not exceed Rs.3200.00 were allowed three selection grades on completion of service of 9, 18 and 27 years from the date of first regular appointment in the existing cadre/service in accordance with provisions contained in the relevant recruitment rules. In some cases, the appointing authorities mis- interpreted the aforesaid provisions and allowed selection grades by counting the period of ad hoc service. The State Government filed SLPs in the Hon'ble Supreme Court against the judgment of Larger bench of the Hon'ble High Court regarding grant of selection grade by counting the period of ad-hoc service from the date of initial appointment under State Government instead of regular service as per recruitment rules. Hon'ble Supreme Court accepted the SLPs filed by the State Government and passed order on 8-5-2009 that the recruitment rules made a distinction between appointments made to the cadre/service in accordance with the relevant recruitment rules which are regular and appointments made de hors the regular recruitment rules which are ad-hoc. As per this judgment dated 8-5-2009 of the Hon'ble Supreme Court, the period of ad-hoc service is not countable for the purpose of grant of selection grades. In compliance, State Government issued an order No.F/16(2)FD/Rules/98 dated 26-6-2009 prescribing method of fixation of pay in Selection Grade w.e.f. 1-7-2009. Representations have been received that order dated 26-6-2009 has resulted in substantial drop in emoluments of lowly paid employees causing financial hardships. Accordingly, the State Government has reconsidered the matter and in partial modification of order of even number dated 29-6-2009, Governor is pleased to order that in cases where Government servants have been granted selection grade prior to order dated 29-6-2009 by counting period of ad-hoc service, such cases may not be reviewed. However, where additional selection grades become admissible to such employees after 29-6-2009 under the rules, this shall be granted by excluding the period of ad-hoc service as per the orders of Hon'ble Supreme Court. For example, if any employee got the advantage of first selection grade prior to 29-6-2009 on completion of 9 years (after inclusion of, say, three years' ad-hoc service), his next selection grade on completion of service of 18 years, on or after 26-9-2009, shall be granted only after three years of ad-hoc service is added to 18 years i.e. 18+3 = 21 years. All pending cases would be decided as per these orders. The cases of grant of selection grade decided subsequent to order of even number dated 29-6- 2009, may be reviewed and revised in accordance with the provisions of this order. Similarly pension cases of Government servants, finalized after re-fixation of pay under order dated 29-6-2009, may also be reviewed and revised. However cases of persons who retired prior to 29-6-2009 would not be re-opened."
(3.) HAVING considered all the facts of the case, this petition for writ is disposed of by setting aside the order dated 28.02.2005 (Annex.2) passed by the Tribunal with direction to the petitioners to consider case of the respondent No.1 in accordance with the circular dated 20.08.2010, if not already considered and if the petitioners have already considered case of the respondent No.1 in accordance with the circular dated 20.08.2010, then that shall not be disturbed because of disposal of this writ petition and no recovery be effected from the pay of the respondent No.1.;