ABDUL HAMID Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) Since common questions of facts and law are involved in these writ petitions, they were heard together and are being decided by this common judgment. By these writ petitions, a direction is sought for higher pay scale on grant of selection scale.

(2.) Learned counsel for petitioners submit that State of Rajasthan issued circular on 25.1.1992 to provide benefit of selection scale if one is not given promotion during his service career. It is to remove stagnation. The said circular was superseded by the circular dated 17.2.1998. The petitioners herein were given benefit of selection scale. On completion of 9, 18 and 27 years of service, as the case may be, the respondents allowed selection scale but by keeping the petitioners in the same pay scale itself. In view of above, petitioners stagnated on the same pay scale, whereas, promotion or selection scale should entitle an employee to get higher pay scale. The prayer is accordingly made to direct the respondents to allow higher pay scale of Rs.5000-8000 (1400-2600) to the petitioners on grant of selection scale. Reference of various judgments of this court has been given.

(3.) Shri Saurabh Saraswat, learned Deputy Government Counsel appearing for respondents, argued that the Rules and the Circulars dated 25.01.1992 and 17.02.1998 need to be given interpretation in their true spirit. The benefit of selection scales on completion of 9, 18 and 27 years of service has rightly been given to the respondents in terms of Circulars dated 25.01.1992 and 17.02.1998. A bare perusal of the Circulars clearly reveals that the benefit of first selection grade shall be given to the employees in the pay scale of next promotional post, second selection grade shall be given to the employee in the pay scale of second promotional post and benefit of third selection grade shall be given in the pay scale of third promotional post. Meaning thereby, the pay scale may be higher or lower or equal depending on the pay scale of promotional post. It is according to para 4 of the Circulars dated 25.01.1992 and 17.02.1998. The respondents are working on the post, which carry promotion channel, therefore, they are governed by Para 4 of the Circulars dated 25.01.1992 and 17.02.1998. According to the provisions of both the Circulars, the respondents are not entitled to get the benefit of the Table given in para 5 of the Circulars because the pay scale given in Table of para 5 is meant for, if one is not in possession of the required qualification of promotional post or is a case of isolated post.