VYAS, J. - (1.) THIS writ petition has been filed by a registered trade union representing majority of the employees of the erstwhile Rajasthan State Electricity Board. By order dated 9. 4. 2002, this Court allowed application filed by learned counsel for the respondents for substitution of the respondents in the presence of learned counsel for the petitioner Mr. Vinay Jain. The amended cause-title is placed on record. Hence, now the present writ petition is directed against respondent Jodhpur Vidhyut Vitran Nigam Ltd. , Jodhpur (for short, to be called "the Nigam" hereinafter) and its Secretary. For the purposes of filing this writ petition the Organising Secretary and Vice President are authorised to file the writ petition to safeguard, protect and advance the cause (s) of the Class IV employees of the Nigam in the matter of grant of selection-grade.
(2.) IT is disclosed in the writ petition that in terms of Section 10b of the Industrial Disputes Act, 1947, by mutual consent between the erstwhile RSEB and Prantiya Vidhyut Mazdoor Federation, Shri Mohan Mukerjee and Shri Gopeshwar Bhatt were appointed Arbitrators through gazette notification dated 26. 5. 1983 and certain disputes were referred to them for resolution. The Arbitrators delivered award dated 20. 5. 1985 whereby the Arbitrators recommended inter alia vide clause 7 (iii) with regard to future revision of wage structure that a permanent machinery should be established for future revision of wage structure and pattern of dearness allowance, whenever there is change in the pattern of pay scales and, or, dearness allowance for employees of the Government of Rajasthan. According to the petitioner, in this way the matter came to be set at rest that as and when there is a revision of the pay and there is a change in wage structure of the employees of the State Government, the same will ipso facto apply to the employees of the Nigam and as and when there is a revision, change or increase in the pattern of the dearness allowance, wage structure, etc. the same will mutatis mutandis apply to the employees of the Nigam. In terms of the award dated 20. 5. 1985, Rajasthan State Electricity Board issued order dated 21. 10. 1987 and revised the six existing pay- scales with effect from 1. 9. 1986. The order dated 21. 10. 1987 is placed on record as Annex.-1. It is submitted that due to acute stagnation problem, employees of the State Government were not getting promotions even after putting in long years of service and, therefore, the State Government with a view to redressing the grievance decided to grant selection-scale upon completion of 9, 18 and 27 years of service in lieu of actual promotion vide order dated 25. 1. 1992. Para 4 (i) of the order dated 25. 1. 1992 provided that the first selection Grade, wherever admissible in the terms of the order shall be the pay scale of the next promotion post in the same service/cadre i. e. , Class IV/ministerial/subordinate service, provided that in case there is no next promotion post in the same service/cadre or the employee does not possess academic qualifications prescribed for promotion and in respect of the isolated posts and employee does not possess academic qualification prescribed for promotion post, the first selection grade shall be the pay scale corresponding to his existing pay scale as specified in paragraph 5. Thus it is clear that selection grade was allowed to the employees in the pay-scale which is prescribed for the next promotion post in the service/cadre of the concerned employee. In this case, class IV employees who are eligible for promotion to the post of Lower Division Clerk under the Rajasthan State Electricity Board Ministerial Staff Regulations 1962 (for short, referred to hereinafter as "the Regulations") there is provision for promotion to the post of Lower Division Clerk and 15 per cent posts were kept reserved for Class IV employees. Accordingly, Class IV employees were held entitled for consideration of their cases for promotion to the posts of LDC, Record Keeper, Assistant Store Keeper, etc. in the order of seniority amongst Class IV employees of the Board. It is further provided that Class IV employees who have experience of three years as Class IV employee and who possess secondary examination of the Board of Secondary Education of Rajasthan or any other examination recognized as equivalent to it; meaning thereby, in the Regulations there is provision for promotion to the post of LDC and other equivalent posts which fall to be the next higher promotion post in the avenue of promotion for Class IV employees. Hence, as per contention of the petitioner Union all those Class IV employees who are eligible for promotion are entitled to get next pay-scale of promotion post in the event of granting selection grade as per the award and, so also, the order passed by the State Government on 25. 1. 1992. According to the petitioner it is agreed by the Board to adopt, revise and apply the same pay scales as are evolved, laid down and prescribed by the State Government for its employees, and in this connection, the Board issued order dated 6. 3. 1992 in respects of holders of the posts in pay-scales No. 1 to 6a. But, at the time of issuance of the order dated 6. 3. 1992, the authorities did not apply its mind and it appears to have been issued in a mechanical manner and thereby the Board has failed to take note of various contingencies and the controversy in the present petition has emerged as a result of that. It is stated in the writ petition that while issuing order dated 6. 3. 1992 by the respondents new pay scales which are even not in existence in the Board, were prescribed as selection scale for the Class IV employees of the Board. The petitioner has stated while inviting attention of the Court towards illustration of some of the employees who were promoted to the posts of LDC prayed that the pay scales prescribed vide Annex.-1 were to be provided while granting selection grade and Class IV employees working in the Board are eligible for grant of the same selection grade which is prescribed for the promotion post; but, without application of mind and without following the award arrived at in between the employees and the Board and agreed by the Board, the selection scale has been provided contrary to the one which is provided by the State Government to their employees. It was the duty of the respondents to allow the selection-scale prescribed for promotion post, which is provided under the order dated 25. 1. 1992 to the State Government employees, therefore, all those Class IV employees who were eligible for promotion to the next higher post of LDC in accordance with the Regulations and were eligible for the selection grade are entitled for being granted selection grade which is prescribed pay scale for the post of Lower Division Clerk and equivalent posts because the post of LDC is promotion post but only to snatch the legitimate entitlement of Class IV employees of the Board and, so also, in violation of the terms and conditions of the agreed award dated 20. 5. 1985, the Board wrongly granted selection scale to their Class IV employees while issuing order Annex.-3 dated 6. 3. 1992. Further, it is submitted that before passing order dated 6. 3. 1992, the Board in its 15th meeting held on 6. 3. 1992 approved recommendation of the Committee constituted in pursuance of the decision taken in its 14th meeting held on 6. 2. 1992 and allowed selection grade to the employees of the Board covered in the existing pay-scales No. 1 to 6a. During the course of arguments, it is contended by learned counsel for the petitioner that those decisions have not been placed on record by the respondents. However, at the time of hearing, the decisions have been placed before the Court for perusal and photo-stat copies have also been produced before the Court for perusal. Learned counsel for the petitioner vehemently argued that the purpose of granting selection grade to the employees is to resolved the problem of stagnation at the maximum of the lowest scale in the cadre and allow increase in pay of the employees in Class IV/ministerial/subordinate services and those who were holding isolated posts and who were working since many many years and were not getting promotion because promotion avenues are not available. So also, when the award was passed and agreed by the Board that wage structure and pattern which was prescribed by the State Government was to be granted then there is no question of providing different pay-scale for granting selection grade. The respondents are under obligation to accept the selection scale as provided by the State Government under order dated 25. 1. 1992. Having bound itself by acceptance and adoption, the respondents cannot arbitrarily violate the terms and conditions of the award passed by the Arbitrators. But, at the time of issuing order of selection scale dated 6. 3. 1992, although it is provided in para 1. 2 (i) that the first selection grade shall be granted from the day following the day on which one completes service of nine years or otherwise hereinafter prescribed provided that the employee has not got one promotion or selection grade/upgradation earlier as is available in his existing cadre; and, further though it is decided to grant three selection scales in whole service tenure and condition precedent is prescribed that the said selection scales will be given if the promotion is not granted even upon completion of 9, 18 and 27 years of service, vide para 4. 1 of the said order dated 6. 3. 1992, the respondents arbitrarily allowed altogether different pay scales which are, in fact, even not available in the pay- structure of the Board. According to learned counsel for the petitioner only those existing pay-scales No. 1 to 6a were to be allowed but in the order dated 6. 3. 1992 different pay-scales which were not even existing in the Board were provided, therefore, the action of the respondents is in contravention of para 7e (b) (iii) of the Arbitration award dated 20. 5. 1985. According to learned counsel for the petitioner, the respondents cannot prescribe the pay-scales which do not even exist in the Board. The only option left with the respondents is to allow the pay-scale of promotion post existing in the payscales No. 1 to 6a. In these circumstances, it can be said that those Class IV employees who are eligible for promotion to the post of LDC or equivalent posts are entitled for the pay-scale which is prescribed for the promotion post after completion of 9 years of service. Similarly, they are entitled to selection scale after completion of 18 and 27 years of service in the pay-scales to which they would have been otherwise entitled for in the event of further promotion.
(3.) IN reply, the respondents have categorically stated that the selection scales were allowed to the Class IV employees of the Board in accordance with order dated 6. 3. 1992; and, so also, the Board having considered all aspects of the matter, provided specific selection scale as mentioned in para 4. 1 of the order dated 6. 3. 1992 (Annex.-3) and that selection scale has been allowed to Class IV employees of the Board. Therefore, no interference is required. According to respondents, the post of LDC under the Regulations can be filled in from Class IV employees but only 15 per cent quota has been fixed for promotion from amongst Class IV employees, therefore, no selection-scale can be granted beyond 15 per cent. Hence, for granting selection scale to all those Class IV employees who had completed 9 years of service, the respondent Board in its 415th meeting held on 6. 3. 1992 while considering the recommendations of the committee constituted in pursuance to the decision taken in its 414th meeting held on 6. 2. 1992 has decided to grant selection grades to the employees of the Board covered under existing pay-scales No. 1 to 6a and those getting pay in the Rajasthan Civil Services (Revised Pay Scales) Rules, 1989 and the selection grade admissible to them is provided in para 4. 1 of the order dated 6. 3. 1993 expressly. The respondents can allow only those pay-scales which are prescribed vide order dated 6. 3. 1992 in para 4. 1. It is contended on behalf of the respondents that the Class IV employees who are members of the petitioner Union cannot claim any right beyond the scope of order dated 6. 3. 1992; meaning thereby, there is no force in the writ petition and the Class IV employees of the Board can get selection grade as per para 4. 1 which has already been granted to them and, therefore, there is no question of applicability of order dated 25. 1. 1992 because only 15 per cent posts of Lower Division Clerk can be filled in by way of promotion from amongst Class IV employees. The minutes of the 414th and 415th meetings were filed during the course of arguments and the same were taken on record. The said minutes of the 414th and 415th meetings are as under :      " 414. 3 Sub. No. Rules 51 Prescription of Selection Grade for Employees covered in Board's Pay Scales No. 1 to 6 & 6a and posts analogous to subordinate services of the State Govt. The Board considered the position as brought out in the agenda note and approved in principle adoption of order No. F. 20 (1)FD (Gr. 2)/92 dated 25. 1. 1992 issued by the Finance (Gr. 2) Deptt. , Government of Rajasthan prescribing grant of Selection Grade on completion of 9 years, 18 years and 27 years service in the Board. As the Pay Scales of the Board's employees and the present Selection Grades admissible are different than those prescribed by the Government in this order, it was decided that a Committee consisting of the following be constituted which will give its recommendations within 15 days suggesting the Selection Grades to be prescribed for different category of Board's employees and the same be put up for consideration : 1. Shri K. B. Das Bhowmik Member (F&a) Convenor 2. Dr. Ashok Singhvi Secretary Member 3. Shri S. K. Khungar F. A. & C. O. A. Member 4. Shri Shiv Nath Singh Dy. Secretary (Finance Deptt.), Govt. of Rajasthan. Member 5. Shri R. C. Bansal Jt. Director Personnel (Award) Member Secretary 415. 7 Sub. No. Rules 51 Prescription of Selection Grades for the employees covered under the existing Board's Pay Scales No. 1 to 6a of the Board and these drawing pay in Revised Pay Scales, 1989 the maximum of which does not exceed Rs. 3,200/- The Board considered the recommendations of the Committee constituted in accordance with the decision taken in its 414th meeting held on 6. 2. 92 as placed before it at the time of meeting and approved the same for adoption in the Board with immediate effect. In respect of recommendations at Sl. No. 6. 2. (i) regarding Junior Engineers (Decree Holders) the Committee has recommended to continue with the existing conditions of grant of Selection Grade i. e. after completion of 3 years of regular service as Junior Engineer-I subject to 20% of the sanctioned posts. Since there is no bifurcation of sanctioned posts of Junior Engineer-I & II, therefore, for the purpose of calculation of 20% of sanctioned posts, the present practice of determining the selection grade posts on the basis of working strength of Junior Engineer-I be continued under the new dispensation. " By way of rejoinder, learned counsel for the petitioner invited attention of the Court to the order dated 19. 2. 1990 whereby options were invited to elect with regard to existing pay-scale or revised pay-scale, date of increment, removal of anomaly, etc. under the Revised Pay Scales Rules 1989 and these rules were followed because there is award which is accepted by the Board for granting revision of pay-scales as prescribed by the State Government. Learned counsel for the petitioner also invited attention of the Court towards categories of pay-scales linked with the pay-scales of the State Government; meaning thereby, as per learned counsel for the petitioner when award was passed in accordance with Section 10b of the Industrial Disputes Act then there is no question of denying the selection scale as provided by the State Government to their employees because according to para 7 (3) of the award the respondents are under obligation to grant revision of wagestructure and patten of the pay-scales or dearness allowance whenever there is change in the pattern of pay-scales or dearness allowance for the employees of the State Government. ;