OM PRAKASH SHARMA Vs. RSRTC

JUDGEMENT

(1.) Petitioner while holding qualification of Diploma in Electrical Engineering vide certificate dt.01/03/1975 (Ann.2) was appointed initially as Chargeman on 07/10/77. However, on the recommendation of selection committee, he was appointed as Chargeman in pay scale of Rs.385-10-415-490-20-650 vide order dt.01/06/79 (Ann.4) wherein it has been mentioned that his appointment as Chairgeman will be effective from the date mentioned against his name after expiry of one year training as per which, date of appointment as Chargeman was 07/10/1977 and since then he is holding the post substantively for all purposes.

(2.) It appears that respondent-Corporation changed pay scale of Chargeman in pursuance of the Award dt.10/03/81 passed by Arbitrator (Shri KK Sarin, Chief Engineer, PWD) vide order dt.07/07/81 (Ann.8) and such employees having possessed Diploma and posted as Chargeman or Store Sub Inspector were fixed at Rs.470/- in pay scale of Rs.385-20-650/- from the date of appointment and later on the Corporation vide resolution No.113/dt.08/12/86 communicated vide order dt.13/02/87 (Ann.11) took policy decision that Sr. Foreman /Chargeman having possessed qualification of Diploma (or higher) in Engineering, henceforth be designated as Jr. Engineer (Gr.B) in pay scale of Rs.640-1180/-; and accordingly, amendment was made in service regulations by appending Schedule attached with resolution order dt.13/02/87 as per which posts of Jr. Engineer (Gr.B) will henceforth be filled 100% by direct recruitment.

(3.) However, in terms of circular dt. 25/01/92 (Ann.13) of State Government as regards prescription of selection scales for employees in Class-IV, Ministerial & Subordinate Services and those holding isolated posts and for fixation of pay in selection scales, the Corporation vide order dt.27/04/93 (Ann.R/3) also approved and introduced grant of selection scales for its employees working in the cadre of Class-IV, Ministerial & subordinate services. As a result whereof, selection scales were made applicable to all employees in Class-IV, ministerial & subordinate services of Corporation and 1st selection scale was made due from the day following the day on which one completes service of 9 years provided he has not got one promotion earlier as available in his existing cadre; and 2nd selection scale was made due from the day following the day on which one completes service of 18 years while 3rd selection scale on completion of 27 years' service. However, there was a proviso thereto 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 latter appointment shall be taken into consideration for the purpose of grant of selection scale. Extract of order dt.27/04/93 (Ann.R/3) being relevant reads ad infra: 2.(i) The first selection grade shall be granted from the day following the day on which one completes service of nine years, provided that the employee has not got one promotion earlier as is available in his existing cadre. (ii) The second selection grade shall be granted from the day following the day on which one completes service of eighteen years, provided that the employee has not got two promotions earlier as might be available in his existing cadre. (iii) The third selection grade shall be granted from the day following the day on which one completes service of twenty seven years, provided that the employee has not got three promotions earlier as might be available in his existing cadre.