NAZIR MOHAMMAD Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THE Petitioner is substantively holding the post of Fitter with Public Health and Engineering Department and he is placed on deputation with Panchayat Samiti, Chittorgarh. The Panchayat Samiti under an order dated 16.1.1993 allowed first selection grade to the Petitioner w.e.f. 25.1.1992 and also allowed second selection grade on completion of 18 years of service from the date of his initial appointment. The second selection grade was given to the Petitioner in the pay scale of Rs. 5000 -8000.

(2.) UNDER an order dated 15.12.2008, the second selection grade granted to the Petitioner in the pay scale of Rs. 50008000/ - was withdrawn on the count that promotional avenue is available to the Petitioner was on the post of Foreman, therefore, he should have been fixed in the pay scale of Rs. 4000 -6000. Being aggrieved by the same, this petition for writ is preferred.

(3.) ACCORDINGLY , this petition for writ is allowed in the terms of the judgments referred above. The order Annex.10 dated 5.12.2008 is quashed and the Petitioner is declared entitled for getting pay -scale of Rs. 5000 -8000 as second selection grade on completion of 18 years of service and pay -scale of Rs. 5500 -9000 on completion of 27 years of service as the third selection grade. The entitlement as declared above is required to be executed forthwith.