- (1.) By the Court:- Since common questions of facts and law are involved in these writ petitions, they were heard together and are being decided by this common judgment. For the sake of convenience, Writ Petition No.5505/2015 is taken as a leading case.
(2.) This bunch of writ petitions has been filed by the Additional Chief Engineer and Superintending Engineer of Public Health and Engineering Department, Government of Rajasthan, Jaipur, assailing order dated 09.04.2014 passed by Rajasthan Civil Services Appellate Tribunal, Jaipur, (for short, 'the Tribunal'), whereby 42 Appeals, filed by employees of Public Health and Engineering Department, were allowed. Learned Tribunal, while allowing the bunch of Appeals, relied on judgment dated 17.11.2008 of a coordinate bench of this court rendered at Principal Seat Jodhpur in Writ Petition No.3631/2008 Sohanlal Mathur Vs. State. Learned Tribunal also relied on judgment dated 25.09.2012 of a coordinate bench of this court by which a bunch of writ petitions, leading one being S.B. Civil Writ Petition No.3832/2012 Shyam Singh Vs. State and Others, was allowed. The respondents therein were directed to mutatis mutandis apply the judgment of this court dated 17.11.2008 in Sohanlal Mathur, supra. While allowing the appeals, learned Tribunal directed the petitioners herein to give second selection scale to the respondents on completion of 18 years of service in the pay scale of 5000-8000 instead of 4000-6000, and third selection scale on completion of 27 years of service in the grade pay of Rs.9300-34000 with pay band of Rs.3600/- in stead of Rs.3200/- (earlier equivalent pay scale 5500-9000). It was further directed that the orders issued earlier in this regard be withdrawn and new orders, as per judgment of the Tribunal, were directed to be issued within six months from the date of judgment. In the facts and situation of every case, the appellants be given benefit of pay band and in the case of those employees, who have already retired, it was directed that they may be issued amended G.P.O., P.P.O. or C.P.O., and all the appellants be extended benefit of arrears. It was also clarified that in case the State Government has in between enhanced in the grade-pay, then the benefit of enhanced grade-pay be given to each appellants. Briefly stated, facts of the case are that respondents herein filed appeals before the Tribunal for grant of benefit of second selection scale on completion of 18 years of service in the pay scale of 5000-8000 instead of 4000-6000, and third selection scale on completion of 27 years of service in the grade pay of Rs.9300-34000 with pay band of Rs.3600/- in stead of Rs.3200/- (earlier equivalent pay scale 5500-9000). The appeals were opposed by the petitioners by filing reply thereto. It was averred that as per Para 4 of the Circulars dated 25.01.1992 and 17.02.1998, if the pay scale of selection post and the post held by incumbent is same, then the incumbent has to be given the benefit of Rule 26A of the Rajasthan Service Rules, while making fixation of pay of incumbent. The respondents were granted benefit of Rule 26A while granting them the benefit of selection grades on completion of 27 years of service. Promotion channel of the post of Helper clearly envisages that the post of Fitter-I, Pump Driver-I, Turner-I and Electrician-I shall carry the pay scale of 4000-6000 and pay scale of the post of Foreman-II is also 4000-6000. Even before the Supreme Court in SLP filed against the judgment in Sohanlal Mathur, supra, the issue of grant of selection scales to employees has been left open for consideration of the State Government.
(3.) Shri Saurabh Saraswat, learned Deputy Government Counsel for petitioners, argued that learned Tribunal has failed to appreciate the provisions of the Rules and the Circulars dated 25.01.1992 and 17.02.1998 in their true spirit. The benefit of selection scales on completion of 18 and 27 years of service has rightly been given to the respondents in terms of provisions of Circulars dated 25.01.1992 and 17.02.1998. A bare perusal of the Circulars clearly reveals that the benefit of first selection grade shall be given to the employees in the pay scale of next promotion post, second selection grade shall be given to the employee in the pay scale of second promotion post and benefit of third selection grade shall be given in the pay scale of third promotion post. Meaning thereby, the pay scale may be higher or lower or equal or whatsoever, but the same has been given according to the provisions of Para 4 of the Circulars dated 25.01.1992 and 17.02.1998. The respondents are working on the post, which carry promotion channel, therefore, they are governed by Para 4 of the Circulars dated 25.01.1992 and 17.02.1998. According to the provisions of both the Circulars, the respondents are not entitled to get the benefit of the Table as given in Para 5 of the Circulars because the pay scale given in Table of Para 5 is only meant for isolated posts. Learned Deputy Government Counsel argued that there is no bar in the rule for fixing the same pay scale for existing post, for promotion post or selection grade. But, looking to difficulties being faced by the employee in such circumstances, the rule making authority enacted Rule 26A for meeting out the injustice in regard to same pay scale. The benefit of Rule 26A of Rajasthan Service Rules is given in the manner that in the case the promotion post carry the same pay scale then he is to be given one grade increment benefit in the next stage of pay scale as mentioned in Para 12 of the Circular dated 17.02.1998. Learned Tribunal has wrongly applied the pay scale given in Table of Para 5 of the Circular dated 17.02.1998 because the pay scales given in the Table are meant for isolated posts. The petitioners have complied with provisions of Circulars dated 25.01.1992 and 17.02.1998 in letter and spirit and the said Circulars have not been challenged by respondents.;