- (1.) GRIEVED by the interference with the orders recalling the grant of Selection Grade Pay Scales to the respondent herein in terms of the Order No.F.20(1) FD/ (Gr.2)/92 dated 25.1.1992 and directing recovery of the consequential financial benefits from his retiral dues, the appellant University and its functionaries are in appeal.
(2.) WE have heard Mr.G.R.Punia, learned Sr.Advocate, assisted by Mr.Rajesh Punia, for the appellants and Mr.Mukesh Vyas, for the respondent. A brief outline of the pleaded versions would portray the factual background. The respondent/writ petitioner had been initially appointed as Helper to Mechanic with effect from 3.5.1966 in the Grade of Rs.45 -70 with the Rajasthan Agriculture University and eventually, with the constitution of the appellant University, became an employee thereof. He was confirmed in the post of Helper to Mechanic with effect from 3.5.1967 vide order dt.6.6.1968 to that effect.
(3.) ACCORDING to him, he was thereafter promoted to the post of Pump Operator (also known as Assistant Mechanic) on 12.8.1986 and, consequently, his pay was fixed in the pay scale of Rs.420 -740. While the matter rested at that, the order dated 21.5.1992, referred -to hereinabove, was issued by the Government of Rajasthan, Finance (Gr.2) Department prescribing Selection Grades to Employees in Class IV, Ministerial and Subordinate Services and those holding isolated posts on completion of 9, 18 and 27 years of service to be counted from the date of first appointment in the existing cadre/service subject to the stipulations, as contained therein. The respondent/writ petitioner averred that as he had been promoted to the post of Pump Operator in the year 1986, he in terms of the order dated 25.1.1992, was not granted the first Selection Grade but by reckoning 18 years of service on and from 3.5.1966, he was granted the second Selection Grade in the pay scale of Rs.1200 -2050 and, thereafter, the third Selection Grade on completion of 27 years of service with effect from 23.5.1993. His pay was accordingly fixed at the stage of Rs.1400/ - in the pay scale of Rs.1400 -2600, the same being the pay scale of the post of Junior Mechanic. According to the respondent/writ petitioner, on the implementation of the Fifth Pay Commission's Recommendations, his pay was fixed at the stage of Rs.5150 in the pay scale of Rs.5000 -8000, which was the corresponding pay to pre - revised pay scale of Rs.1400 -2600. He has claimed that all these entries were accordingly recorded in his service book, which inter alia would demonstrate that he had been receiving the pay in the above pay scale at the stage of Rs.6200/ - on 1.9.2003. He eventually superannuated on 30.11.2003. He stated that except two increments and dearness allowance & gratuity immediately preceding his retirement that had not been released then, there was no other dispute with regard to his retiral dues at that point of time. Subsequent thereto, however his retirement benefits were not released to him on the ground that he had been wrongly granted the Selection Grade Scales of Pay on completion of 18 and 27 years of service. As the appellant University contended that for grant of such benefit (Selection grade), his services were to be reckoned from the date of his appointment to the post of Pump Operator in the year 1986, steps were then contemplated to realize excess payments, perceived to have been made to him on account of wrong grant of Selection Grade Pay Scales. Situated thus, the respondent/writ petitioner instituted S.B.Civil Writ Petition No.1883/2005 asserting that having regard to the enjoinments of the order dated 25.1.1992, he had been rightly granted the benefit of Second and Third Selection Grade Pay Scales on completion of 18 years and 27 years of service, reckoned from the date of his initial appointment as Helper to Mechanic i.e. on 25.1.1992 and 23.5.1993.;