AMITAVA ROY, J. - (1.) PETITIONERS , who are presently working as Court Masters with this court at its principal seat at Jodhpur, seeks judicial intervention for grant of third selection grade on completion of 27 years of service with consequential benefits including interest at the rate of 18% per annum on the accrued arrears. In addition, annulment of Clause(iii) of para 2, Clause (iii) of para 4 and para 5 of the Circular dated 17.2.1998, so far as it concerns the Court Masters, has been prayed-for. A declaration that persons working on the post of Court Masters are entitled to third selection grade, equivalent to the pay scale of the post of Assistant Registrar; alternatively, a declaration that the third selection grade cannot be less than 8000-13500, has been sought for as well.
(2.) WE have heard Mr.M.S.Singhvi, Sr.Advocate, with Mr.Manoj Bhandari & Mr.Hemant Dutt, appearing for the petitioners and Mr.G.R.Punia, Sr.Advocate, assisted by Mr.R.S.Choudhary, for the respondents. The pleaded facts outline the rival orientations. While contending that they, in the instant proceedings, project a common grievance based on identical grounds, the petitioners have averred that the service conditions of the staff of this Court, were hitherto governed by the Rajasthan High Court (Conditions of Service of Staff) Rules, 1953, for short hereinafter referred-to as "the Rules of 1953", since replaced by the Rajasthan High Court Staff Service Rules, 2002, for short hereinafter referred-to as "the Rules of 2002". Referring to the Schedule appended to the Rules of 1953 under the caption "non- gazetted post" at Serial No.5, the petitioners have recited the line of promotion i.e. from the post of Lower Division Clerk to that of Dy.Registrar (Admn.) with the intervening posts of Stamp Reporter cum Court Fee Examiner (for short hereinafter referred-to as Stamp Reporter) and Bench Reader (for short hereinafter referred-to as Court Master), above the post of U.D.C. in the hierarchy. They have averred that in the exercise of powers under Rules 4, 5, 7 and 22 of the Rules of 2002, the Chief Justice of this Court did specify the mode of recruitment and qualifications for appointment to various posts referred-to in second column of the Schedule thereto vide order dt.5.12.2002. That the nomenclature of the posts was changed by the Notification dated 24.7.2004, has been stated as well. Further, the mode of recruitment and promotion in terms of the order dated 5.12.2002 from the post of Junior Judicial Assistant (earlier designated as LDC) to that of Assistant Registrar/Court Officer, has been detailed with the assertion that the avenue for promotion from the post of Stamp Reporter to the post of Court Master, as provided under the Rules of 1953, has been sustained under the Rules of 2002 as well. The petitioners have further averred that the State Government vide Notification dated 25.1.1992 did prescribe selection scale to the ministerial and subordinate services on completion of 9, 18 and 27 years' service with a view to remove stagnation in posts. The said benefit has been extended to the staff of this Court as well. This Notification dt.25.1.1992 though has been superseded by another dated 17.2.1998, the pre-requisites for the grant of selection grades have been maintained. The petitioners have clarified that the selection grade is required to be granted as per the pay scales applicable for the promotional posts and, thus, the criteria to be applied therefor is as required for according promotions. According to the petitioners, they were initially appointed on the post of L.D.C. and thereafter promoted to that of U.D.C. and then as Stamp Reporter on various dates. That subsequent thereto, they were further promoted as Court Masters in the same pay scale as admissible to the Stamp Reporter under the Rules of 1953 on different dates as mentioned in the Schedule, has been stated. They have pleaded further that thereby, the pay scale of Rs.5000-8000 as Stamp Reporter was later revised to Rs.5500-9000 and that in terms of the VI Pay Commission, the pay scale of Court Master and Stamp Reporter was further revised to Rs.9300-34800 with only difference in the grade pay for these posts i.e. Rs.3600/- for the post of Stamp Reporter and Rs.4200/- for that of Court Master. Contending that the transition of the petitioners to the post of Court Master from that of Stamp Reporter, is not a promotion, as both the posts carry the same scale of pay and further, no higher responsibility is attached to the post of Court Master and as a matter of fact, the duties of these two posts are often interchangeable, the petitioners have asserted that they are entitled to the third selection grade after completion of 27 years of service corresponding to the pay scale of Rs.10000-15200 (subsequently revised to Rs.15600-39100 with grade pay of Rs.6600/- on the implementation of VI Pay Commission) of the post of Assistant Registrar, the next promotional post. They have referred to the decision rendered by the coordinate Bench of this court in DBCSA No.860/1997 "Rajasthan High Court, Jodhpur vs. Babulal Arora" decided on 5.11.2009, ruling that as two posts of Stamp Reporter and Bench Reader (Court Master) carry the same pay scale, in absence of anything to demonstrate that the latter post carries with it any higher responsibility, it could not be construed to be in the promotional plane in the hierarchical set up. The petitioners also stated that the Special Leave Petition filed by the High Court against this decision was rejected by the Hon'ble Apex Court vide its judgment dated 26.4.2010. They have averred further that they thereafter submitted a representation before the respondent No.2 requesting for conferment of third selection grade pursuant to the notification dt.25.1.1992 corresponding to the pay scale of Rs.10000-15200 (subsequently revised to Rs.15600-39100 with grade pay of Rs.6600/- on the implementation of VI Pay Commission) sanctioned for the post of Assistant Registrar on completion of 27 years of service. That reminders were submitted and that the Committee constituted by the Chief Justice of this Court to examine this issue also recommended that the Court Masters were entitled for grant of third selection grade by treating their appointments thereto from the post of Stamp Reporter, as not amounting to promotion, has been averred. It has been pleaded that so far as petitioners No.9 and 12 to 27 are concerned, they would complete 27 years of service subsequent to implementation of VI Pay Commission and that they are ready to opt for conferment of third selection grade then. Apart from referring-to the judgment and order dated 19.5.2011 by another coordinate Bench of this court in DBCSA No.607/2010 "State of Rajasthan vs. Sohanlal Mathur" dismissing the same by relying upon the decision rendered in Babulal Arora (supra), petitioners have insisted that grant of third selection grade to them after completion of 27 years' service, is a matter of right in terms of the Notification dated 25.1.1992, since succeeded by one dated 17.2.1998. According to them, Clause (iii) of para 2 of the Circular dt.17.2.1998 and para 4(iii) read with para 5, apart from being incongruous is illegal, arbitrary and unreasonable, as these cumulatively propose restriction of the selection grade to Rs.6500-10500. That under the Rules of 2002, for those in the pay scale of Rs.5500-9000, the promotional avenue of L.D.C./J.J.A. has been constricted to their detriment and prejudice, has been underlined to contend that the ceiling of selection grade admissible to them to Rs.6500-10500 in addition, is grossly arbitrary, unfair and unjust.
(3.) THE respondent No.1 in its reply, while refuting the impeachment of incongruity of Clause (iii) of para 2 and Clause (iii) of para 4 and para 5 of the Circular dated 17.2.1998, has in essence, sought to emphasize that having regard to the channel of promotion under the Rules of 2002, the recruitment to the post of Court Masters amounts to promotion being third in succession, if traceable from the post of LDC/JJA. While denying the petitioners' claim for third selection grade of Rs.10000- 15200, in that context, the answering respondent has asserted that the pay scale of Court Masters has been revised with effect from 1.9.2006, consequent whereupon, their grade pay has been fixed at Rs.4200/-, compared to that of the feeder post of Stamp Reporter, pegged at Rs.3600/-. It has been stated that if the higher post carries a pay scale equal to that of feeder post, induction thereto (higher post) is also construed to be promotion, if accompanied by the benefit of fixation of pay under Rule 26A of the Rajasthan Service Rules, for short hereinafter referred-to as "the RSR". The answering respondent has, therefore, contended that as the petitioners have already been granted three promotions and sanctioned the benefit of Rule 26A of the RSR, their claim for the third selection grade of Rs.10000- 15200 with grade pay of Rs.6600/-, is misconceived.;