BHAIRU BUX Vs. STATE AND ORS.

JUDGEMENT

(1.) THIS writ petition has been filed by petitioner Bhairu Bux challenging the order dt. 21/22.11.2006 with the prayer that the petitioner be held entitled to pay scale of Rs. 4000 -6000 as second selection grade and the respondents be restrained from reducing the pay scale of the petitioner and making recovery. Further prayer is made that the respondents be directed to refund the recovered amount and grant him benefit of third selection grade on completion of 27 years of service with effect from 6.2.2005. Shri Anand Sharma learned counsel for the petitioner has submitted that the petitioner was initially appointed on the post of Class -IV in General Section of the Municipal Board Malpura by order dt. 31.1.1978. He joined such service on 6.2.1978. He was confirmed on that post by order dt. 30.1.1982 passed by the Executive Officer of the Municipal Board Malpura. The Government of Rajasthan has by -Circular dt. 25.1.1992 introduced the scheme for grant of selection grade to the members of Ministerial and Subordinate staff. This Circular was made applicable to the employees of the Municipal Board vide order dt. 23.7.1992. The purpose of introduction of the scheme was to remove the stagnation of the employees who were not able to get a single promotion during the span of nine years. The respondents by order dt. 4.9.1996 granted first selection grade to the petitioner in the pay scale of the post of Jamadar. However, considering that the petitioner was having the qualification of higher secondary and as per the Rules was entitled to next promotion on the post of LDC, the respondents by subsequent order dt. 25.9.1997 modified the earlier order and granted him first selection grade on completion of nine years with effect from 25.1.1992 in the pay scale of Rs. 950 -1680 on the post of LDC and thereafter the second selection grade on completion of 18 years of service in the pay scale of Rs. 1200 -2050 applicable to the post of UDC with effect from 6.2.1996. The pay scale of Rs. 1200 -2050 was later revised to Rs. 4000 -6000 in view of Rajasthan Civil Services (Revised Pay Scale) Rules, 1998. It was thereafter that the petitioner was actually promoted on the post of LDC by order dt. 22.12.1999 and joined such post on 14.1.2000.

(2.) SHRI Anand Sharma, learned counsel for the petitioner has submitted that the petitioner has become entitled to grant of third selection scale on completion of 27 years of service. Before however that could be done the audit party of the Local Fund Audit Department Regional Office. Ajmer in the audit for the financial year 2004 -05 raised an objection that the petitioner has wrongly been granted pay scale of LDC while holding the post of Class -IV and an excess amount of Rs. 1,38,992 has been paid to him, which should be recovered. The Executive Officer, Municipal Board, Malpura has by the impugned order withdrawn the pay scale of Rs. 4000 -6000 granted to the petitioner and fixed him in the pay scale of Rs. 3050 -4590. The basic pay of the petitioner which was earlier Rs. 5000 has indeed been reduced to Rs. 3,725 from November, 2006 and the excess amount ordered to be recovered.

(3.) SHRI Ranu Bhargava, learned Government Counsel opposed the writ petition and submitted that the avenue of the promotion from the post of Class IV is to the post of Jamadar, which was pay scale originally granted to the petitioner by order dt. 4.9.1996. However, subsequently, petitioner was wrongly granted the pay scale of the post of LDC. Learned counsel submitted that although 25% of the post of LDC under the relevant rules applicable to the Municipal employees are reserved for the Class IV employees, but in the regular line of promotion, they are entitled to gain promotion only on the post of Jamadar. Inability of the respondents to give promotion to Class IV employees on the post of LDC during relevant nine years may be attributable to various reasons including about the no availability of such Class IV who do not possess the qualification of secondary or even the non -availability of posts of LDC. In the present case, the petitioner could not be promoted earlier because there was no post and, therefore, he could during that period claim promotion only on the post of Jamadar and for that reason, he can claim selection grade only in the pay scale payable to the post of Jamadar. The impugned order has therefore rightly been passed.