K.S.JHAVERI,J. - (1.) Pursuant to the order of Division Bench dated 03.10.2016 following questions were referred to us. "(a) Whether the respondents stand regularized from the date of appointment after scrutiny by the District Establishment Committee? (b) Whether their order of regularization is still valid or has been annulled? (c) Whether the appellants can assail the order of regularization without having actually annulled it till today? (d) Whether there can be two dates for regularization of an employee, retrospective for some purposes and prospective for others? (e) Does Goparam (supra) lay down the correct law in distinguishing Jagdish Narain Chaturvedi (supra) and Surendra Mohnot (supra)?"
(2.) The matter was listed before us time and again and both the sides were directed to produce on record the judgment which they sought to rely.
(3.) Counsel for the appellant Mr. Gupta appearing for the State Government has mainly contended that the guidelines which have been issued on 25.01.1992 by the State Government, more particularly clause 3 reads as under: "3. The service of nine, eighteen or twenty seven years, as the case may be, shall be counted from the date of first appointment in the existing cadre/service in accordance with the provisions contained in the Recruitment Rules; Provided that if an employee subsequent to his first appointment to a post in a cadre/service, as a result of direct recruitment, is appointed to some other post in the same cadre or any other cadre, service from the date of later appointment shall be taken into consideration for the purpose of grant of Selection grades; Provided further that if an employee subsequent to his first appointment to a post in a cadre/service, in accordance with provisions contained in the relevant service rules, is promoted to a post in some other cadre, service from the date of such promotion shall be taken into consideration for the purpose of grant of the Selection grades; [Provided further that in the case of an employee who has been/is declared surplus and absorbed against a new post either in the same or another department excluding absorption on higher post, the service of nine, eighteen or twenty seven years, as the case may be, shall be counted for the purpose of grant of selection grade from the date of initial appointment in the Government service in accordance with the provisions contained in the relevant recruitment rules. As a result of counting of service rendered prior to absorption for grant of selection grade, if the pay of a junior Government servant happens to be more than the pay of his senior, no stepping up of pay of senior Government servant shall be permissible.] "Provided further that in the case of an employee who is declared surplus and absorbed against a new post, the service of nine, eighteen or twenty seven years, as the case may be, shall be deemed to have been completed on the date on which his immediately junior employee completes that period of service or on completion of service from the date of appointment to the post held before absorption, whichever is later." [Provided further that in the case of an employee who has been transferred from one department to another department or from one appointing authority to another appointing authority within the same department in public interest or at his own request or while serving in one department of the State Government is recruited directly in other department on the same post, the service of nine, eighteen or twenty seven years, as the case may be, shall be counted for the purpose of grant of selection grade from the date of initial appointment on the same post in accordance with the provisions contained in the relevant recruitment rules. As a result of counting of service rendered in previous department/under previous appointing authority for grant of selection grade, if the pay of a junior Government servant becomes more than the pay of his senior, no stepping up of pay of senior Government servant shall be permissible.] [Exception - The admissibility of Selection Grade to Junior Engineer would be on completion of nine, eighteen or twenty seven years of continuous service on the post of Junior Engineer.]";