RAJASTHAN HIGH COURT JODHPUR Vs. BABU LAL ARORA

JUDGEMENT

(1.) The respondent was appointed as a Lower Division Clerk in the pay scale of Rs. 950-1680 in 1960 in the appellants establishment under the provisions of the Rules framed in 1953. He was promoted as Upper Division Clerk in the pay scale of Rs. 1200-2050 by an order made on 12.11.1973. He passed the qualifying test for promotion the post of Court Fee Examiner/Stamp Reporter in the pay scale of Rs. 1400-2600, He was promoted the post of Court Fee Examiner/Stamp Reporter by an order made on 7.4.1984. Subsequently he was promoted the post of Bench Reader in the pay scale of Rs. 1400-2600 by an order made on 28.10.1989.

(2.) The Government of Rajasthan issued a circular on. 25.1.1992, which prescribed selection grade for employees in Class IV, Ministerial and Subordinate Services for fixation of pay in Selection Grades. The respondent made a representation for getting the benefit of 3rd selection grade in the pay scale of Rs. 2000-3200. On 12.5.1994, the representation of the respondent was rejected by the Registrar of the appellants establishment by an order made on 25.7.1994. The respondent filed a writ petition before the High Court for getting the benefit of the circular dated 25.1.1992 on the grounds that certain others who had joined the service as Upper Division Clerks and were junior him were getting higher pay scales by the extension of the benefits under the 1992 circular. The stand of the appellant is that the benefit of 1992 circular cannot be extended the respondent inasmuch as he has already earned three promotions in his existing cadre and he was not entitled third selection grade in terms of the said circular after three promotions the higher cadres and the case of those persons whose cases were cited is that they continued in different branches as Assistants and so on.

(3.) The learned Single Judge of the High Court allowed the writ petition directing the appellant award the grade in the pay scale of Rs. 2000-3200 by holding that the juniors of the appellant in the UDC cadre have been granted such pay scales. Aggrieved by that order, the matter was carried in appeal the Division Bench of the High Court. The Division Bench dismissed the appeal upholding the order of the learned Single Judge on the basis of doctrine of justice and fair play without adverting the contentions raised on behalf of the appellant.