SURESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONERS , who are presently working as Court Masters with this court at its principal seat at Jodhpur, seeks judicial intervention for grant of third selection grade on completion of 27 years of service with consequential benefits including interest at the rate of 18% per annum on the accrued arrears. In addition, annulment of Clause(iii) of para 2, Clause (iii) of para 4 and para 5 of the Circular dated 17.2.1998, so far as it concerns the Court Masters, has been prayed-for. A declaration that persons working on the post of Court Masters are entitled to third selection grade, equivalent to the pay scale of the post of Assistant Registrar; alternatively, a declaration that the third selection grade cannot be less than 8000-13500, has been sought for as well.

(2.) WE have heard Mr.M.S.Singhvi, Sr.Advocate, with Mr.Manoj Bhandari & Mr.Hemant Dutt, appearing for the petitioners and Mr.G.R.Punia, Sr.Advocate, assisted by Mr.R.S.Choudhary, for the respondents.

(3.) THE respondent No.1 in its reply, while refuting the impeachment of incongruity of Clause (iii) of para 2 and Clause (iii) of para 4 and para 5 of the Circular dated 17.2.1998, has in essence, sought to emphasize that having regard to the channel of promotion under the Rules of 2002, the recruitment to the post of Court Masters amounts to promotion being third in succession, if traceable from the post of LDC/JJA. While denying the petitioners' claim for third selection grade of Rs.10000- 15200, in that context, the answering respondent has asserted that the pay scale of Court Masters has been revised with effect from 1.9.2006, consequent whereupon, their grade pay has been fixed at Rs.4200/-, compared to that of the feeder post of Stamp Reporter, pegged at Rs.3600/-. It has been stated that if the higher post carries a pay scale equal to that of feeder post, induction thereto (higher post) is also construed to be promotion, if accompanied by the benefit of fixation of pay under Rule 26A of the Rajasthan Service Rules, for short hereinafter referred-to as "the RSR". The answering respondent has, therefore, contended that as the petitioners have already been granted three promotions and sanctioned the benefit of Rule 26A of the RSR, their claim for the third selection grade of Rs.10000- 15200 with grade pay of Rs.6600/-, is misconceived.