M.N. Bhandari, J. - (1.) By these writ petitions, a challenge has been made to the order passed by the Rajasthan Civil Services Appellate Tribunal (for short 'the Tribunal') dt. 06.04.2011. By the aforesaid order, petitioners are directed to extend benefit of annual grade increment and other benefit without compelling respondent employees to undertaken and pass typing test.
(2.) Learned counsel for petitioners submits that without passing typing test, one is not entitled to get the benefit of increment. It is a case where respondent employees were engaged sometime in the year 1976 followed by grant of semi permanent status after 01.04.1979. The respondent employees were then absorved on the post LDS. While absorbing them, a condition was imposed for passing typing test to earn annual grade increment. Aforesaid was exempted for those who were given semi permanent status on or prior to 01.04.1979. The respondent employees were declared semi permanent after the cut off date, hence, were not exempted from typing test. They were not extended benefit of annual grade increment in absence of passing typing test, thus impugned order of the learned Tribunal deserves to be set aside.
(3.) Learned counsel for respondent-employees on the other hand submits that petitioners were issued another circular dt. 13.01.1993 holding that those who have attained the age of more than 45 years are exempted from typing test. The case of the respondents is covered by the aforesaid order and is being relied upon by the learned Tribunal while passing impugned order. The respondent employees were due for semi permanent status in the year 1978 itself as they were appointed in the year 1976 but due to fault of petitioners, semi permanent status was given in the year 1980. In any case, petitioners have made discrimination between similar placed employees by taking an artificial cut off date of 01.04.1979. It is otherwise very hard for an employee to suffer from a condition of the nature imposed on the respondent employees.;