Sandeep Mehta, J. - (1.) THE petitioner has approached this Court by way of the instant writ petition praying for the issuance of a writ directing the respondents to extend the benefit of second selection grade to the petitioner from 18.1.2003 and all the consequential benefits ensuing therefrom.
(2.) FACTS in brief are that the petitioner was selected as a LDC (Junior Stenographer) in the year 1980 by the District and Sessions Judge, Sriganganagar. He was confirmed on the said post by order dated 5.2.1986 w.e.f. 1.4.1981. The petitioner applied for the post of Stenographer Gr.II in the year 1984 under the provisions of Rajasthan Civil Court (Ministerial Establishment) Rules, 1958. He cleared the examination and was selected as a Stenographer Gr.II and was given posting at Anoopgarh on 16.1.1985. Initially, the petitioner's services were assigned to the Adult Education Department. The petitioner thereafter sought permission from the District and Sessions Judge, Sriganganagar and appeared in the examination being held by the RPSC for selection of Hindi Stenographer and was declared successful on 15.5.1991. The petitioner after having cleared the examination, submitted an application for interdepartmental transfer and the said prayer was approved by the District and Sessions Judge, Sriganganagar by communication (Annex.10) dated 24.9.1991 sent to the Joint Legal Remembrancer and Director Prosecution, Government of Rajasthan. The Joint Legal Remembrancer issued a letter (Annex.11) dated 17.11.1992 directing interdepartmental transfer of the petitioner from the court of the CJM, Sriganganagar to the office of the Public Prosecutor, Sriganganagar. While directing the said interdepartmental transfer, it was specifically ordered that the petitioner shall be assigned seniority below all the Stenographers working in the department and that his services would be liable to be terminated upon availability of Stenographers from the Public Service Commission. The District Collector, Sriganganagar issued an order (Annex.12) dated 2.8.1994 to the effect that the petitioner had completed 9 years of service as a Stenographer on 18.1.1994 and thus, the first selection scale upon completing 9 years of service was granted to him in the pay scale of 1640 -2900 fixed at Rs. 1760/ - per month. Upon completing 18 years of service on 18.1.2003, the petitioner submitted an application to the Joint Legal Remembrancer cum Director Prosecution, Law Department for being granted benefits of second selection scale. The Additional Director Prosecution communicated a decision to the District Collector, Sriganganagar by letter dated 30.10.2006 that since the petitioner had not joined at the place of his scheduled posting i.e. Directorate of Adult Education, therefore, mere clearing of the departmental examination by the petitioner was of no use whatsoever. The petitioner had been accepted as a Stenographer in the Prosecution Department upon interdepartmental transfer, which did not confer the status of a regular appointment. Therefore, the petitioner was not entitled to second selection scale, the benefits whereof could be extended only if the employee was in regular service. Being aggrieved of the said order dated 30.10.2006, the petitioner submitted representations to the respondent authorities and also forwarded a legal notice for demand of justice. However, the said notice was not responded to, upon which, the petitioner has approached this Court by way of the instant writ petition praying for the aforestated relief. Learned counsel for the petitioner submitted that the action of the respondents in denying the benefits of the second selection scale to the petitioner is totally unjustified and illegal. The petitioner passed the departmental examination and was appointed as a Stenographer in the State Services in the year 1991. Prior thereto, the petitioner was working as a Stenographer in the District Court, Sriganganagar having been regularly appointed in the pay scale, way -back in the year 1981. After the petitioner was successful in the examination conducted by the RPSC, he was appointed as a Stenographer in the Adult Education Department and his services were allotted to the said department by communication dated 24.7.1992. The consequential order posting the petitioner in the office of District Adult Education Officer, Churu came to be passed by the Director on 14.12.1992. However, soon after passing the examination on 15.5.1991 the petitioner submitted an application to the Legal Remembrancer and the Director of the Law Department for transferring him against the vacant post of Stenographer in the office of the Public Prosecutor, Sriganganagar. The District and Sessions Judge, Sriganganagar wrote a letter (Annex.10) dated 24.9.1991 to the Assistant Law Remembrancer and Director Prosecution, Government of Rajasthan Jaipur giving a no objection to the employee's transfer to the prosecution wing. Thereafter, the order (Annex.11) came to be passed by Joint Legal Remembrancer whereby the petitioner was transferred to the office of the Public Prosecutor, Sriganganagar. Learned counsel submitted that on receiving the said letter, the petitioner immediately assumed charge in the office of the Public Prosecutor and continuously discharged duties to the satisfaction of his senior officers. The District Collector, Sriganganagar on being satisfied with the petitioner's services extended the benefit of first selection scale to the petitioner upon completing 9 years of service by order (Annex.12) dated 2.8.1994. Thus depriving the petitioner of the benefit of the second selection scale is absolutely unjustified. He, therefore, prayed that the writ petition deserves to be accepted.
(3.) PER contra Shri Sunil Joshi assistant to Mr. Rajesh Panwar, learned AAG contended that after clearing the competitive examination for the post of Stenographer, the petitioner was given posting as a Stenographer in the office of the District Adult Education Officer, Churu vide order (Annex.8) dated 14.12.1992. However, he did not join at Churu pursuant to the said order. Thus, it is contended that the position of the petitioner remained the same as existed before his selection. The petitioner's transfer to the office of the Public Prosecutor was purely a temporary and ad -hoc measure, which is reflected from the tenor of the order (Annex.10), which reads that the petitioner's services were temporary and could be discontinued upon selected candidates being made available by the RPSC. Thus, he contended that the petitioner is not entitled to the benefit of selection scales as prayed in the writ petition.;