JUDGEMENT
M.C. Sharma, J. -
(1.) By way of this writ petition, the petitioner has prayed for the following relief: -
(a) By an appropriate writ, order or direction, the Respondents be directed to give benefit of Selection Grade to the petitioners on their completion of 9, 18 & 27 years of service in the cadre in pursuance of Govt's., order dated 25.1.1992 and after giving the benefit of Selection Grade their pay fixation be also revised;
(b) the costs of the writ petition be also awarded to the petitioners;
(c) Any other relief which this Hon'ble Court may feel just and convenient be also awarded in favour of the petitioners.
The learned counsel appearing on behalf of the petitioners submit that the petitioners joined in the services of the Corporation on various dates, but they were appointed in regular cadre w.e.f. 31st August, 1986. That the Government of Rajasthan, Finance (Gr. 2) Department vide order No. F. 20 (1) FD (GR. 2)/92 dated 25.1.1992 prescribed the Selection Grade for employees in Class -IV, Ministerial and Subordinate Services and those holding isolated posts and fixation of pay in the Selection Grade on completion of 9, 18 & 27 years service respectively with a view to provide relief to such employees who could not be promoted during the said period and accordingly for the benefit of Selection Grade 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. The respondent Corporation has adopted Government Circular dated 25th January, 1992 and vide his order dated 12.1.2000 has decided to grant benefit of Selection Grades of 9 years, 18 years and 27 years to its employees from the date of their regular appointment, i.e. the date of joining. The said decision has been taken in pursuance to the directions of this Court dated 22.1.1992 given in S.B. Civil Writ Petition No. 741/1990. The petitioners have also completed 9 years service in their cadre. But till this date they have not been given any benefit in pursuance of Government's order dated 25.1.1992 and in this regard, the petitioners have made several requests to the concerned officers and every time, the petitioners have told that their case is going to be considered.
(2.) When the respondents did not give the benefit, they filed a writ petition bearing S.B. Civil Writ Petition No. 5323/2001 (Lala Ram & 23 Others v/s. RIICO & Others), this Court on 12.4.2002, while disposing of the writ petition passed the following orders: - -
The petitioners may approach the appropriate authority raising their grievance regarding grant of selection scale on completion of 9,18 & years of service and if such approach is made to the appropriate authority the appropriate authority shall adjudicate upon and decide the grievance raised by the petitioners within a period of 15 days of the receipt of representation. The petitioners may submit relevant papers before the appropriate authority.
The writ petition stands disposed of.
(3.) Accordingly, the petitioners submitted their representation on 7th May 2002 along with the certified copy of the order of this Court dated 12.4.2002 requested for grant of selection grade considering their entitlement and except the present petitioners all others petitioners involved in S.B. Civil Writ Petition No. 5223/2001 have been given the benefit of Selection Grade and pay fixation.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.