SHANTILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of the instant writ petition, the petitioner has prayed for grant of benefit of selection scale to him from the date of regularisation in the cadre of Education Department vide order Annexure-4.

(2.) Facts in brief are that the petitioner was initially appointed on a fixed pay on work charged basis in Mahi Project, Banswara w.e.f. 1.12.1975 on the post of Store Munshi. Thereafter the services of the petitioner were declared to be semi permanent vide order dated 14.9.1979. The petitioner's services were ultimately declared to be permanent vide order Annexure-3 dated 15.4.1986. However, later on, as the work charged employees in the said project were declared surplus, the petitioner was absorbed in the Education Department vide order Annexure-4. The relevant portion of the order reads as below:-

(3.) Vide order Annexure-5 dated 17.12.1997 the petitioner was granted benefit of two selection scales on 25.1.1992 and 28.5.1994 respectively treating his services to be regular w.e.f. 1.12.1975 i.e. the date of his initial appointment as a work charged employee in the Mahi Project. The mistake was noticed later on and vide order Annexure-7 a rectification was effected and the petitioner was directed to be granted selection scale w.e.f. 1.1.1998 and recovery was directed to be effected of the excess amount paid to him under the earlier order which the respondents claim was inadvertently passed. The petitioner has now approached this Court praying for an order/direction that the respondents be restrained from effecting any recovery of the amount already paid to him under order Annexure-5 and also to accord him the third selection scale upon completing 27 years of service.