- (1.) By these writ petitions, a challenge is made to the orders whereby a claim for grant of particular pay scale on completion of 18 and 27 years of service has been declined. Learned counsel for petitioners submits that as per circular dated 25.01.1992, an employee completing 9, 18 and 27 years of service is entitled to the selection scale if first, second and third promotions are not given. The petitioners had completed 18 and 27 years of service and were allowed benefit of selection scale but pay scale given therein is in violation of circular. They are entitled to the pay scale of 5500-9000, whereas pay scale of 3050-4590 was allowed to them. The similarly placed employee has been given pay scale of 5500-9000 in view of the judgment in S.B. Civil Writ Petition No. 2135/2005, Satya Narayan Sen vs. The State of Rajasthan & Ors., decided on 05.11.2008 and as upheld by the Division Bench in D.B. Civil Special Appeal (Writ) No. 710/2010, decided on 9th February, 2011. The SLP to the Hon'ble Supreme Court was dismissed in limine. In view of the above, petitioners are also entitled to the pay scale of 5500-9000.
(2.) I have considered the submission made by learned counsel for petitioners and perused the record.
(3.) It is not in dispute that petitioners are entitled to the benefit of second and third selection scale on completion of 18 and 27 years of service but the real dispute is regarding pay scale. They have been awarded pay scale of 3050-4590 on completion of 27 years of service keeping in mind Paras 4 and 5 of the circular dated 25.01.1992, which are quoted hereunder for ready reference: 4. (i) The first Selection Grade, wherever admissible in terms of this order shall be the pay scale of the next promotion post in the same service/cadre i.e. Class - IV/Ministerial/Subordinate Service; provided that in case there is no next promotion post in the same service/cadre or the employee does not possess academic qualifications prescribed for promotion and in respect of the isolated posts, the first Selection Grade shall be the pay scale corresponding to his existing pay scale as specified in paragraph 5. (ii) The second Selection Grade, wherever admissible, in terms of this order, shall be the pay scale of the second promotion post available to that employee in the same service/cadre; provided that in case the second promotion post available in the same service/cadre carries a pay scale higher than the pay scale of Rs. 2200-4000 (16) or there is no second promotion post in the same service/cadre or the employee does not possess academic qualifications prescribed for promotion and in respect of the isolated posts, the second Selection Grade shall be the pay scale corresponding to his existing pay scale (pay scale of the post held or the selection grade), as specified in paragraph 5. (iii) The third Selection Grade, wherever admissible in terms of this order, shall be the pay scale of the third promotion post available to that employee in the same service/cadre; provided that in case the third promotion post available in the same service/cadre carries a pay scale higher than the pay scale of Rs. 2200-4000 (16) or there is no third promotion post in the same service/cadre or the employee does not possess academic qualifications prescribed for promotion and in respect of the isolated posts, the third Selection Grade shall be the pay scale corresponding to his existing pay scale (pay scale of the post held or the selection grade), as specified in paragraph 5. 5. In case there is no post for first, second or third promotion, as the case may be, in the same service/cadre or the employee does not possess academic qualifications prescribed for promotion and in respect of the isolated posts, the Selection Grades shall be as specified below:- Note - If an incumbent of the isolated post or a person not possessing academic qualifications prescribed for promotion has been granted Selection grade before issue of this order and such selection grade is higher than that indicated in this paragraph, he will continue to draw pay in such selection grade as personal to him but the second or third selection grades shall be determined with reference to the first or second selection grade which would have been admissible in term of this paragraph. Exception - The second Selection Grade of the post of Junior Engineer of all departments shall be 2200-4000 (16).;