JETHA RAM Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) By this petition, petitioner has prayed for quashing the order dt. 13.01.2005 and further prayed for granting benefit of Circular dt. 25.01.1992 as and when it became due with interest at the rate of 24%. It is also prayed that respondents may be directed to give pay scale of Helper from the date of appointment as Helper along with revision of pay scale with arrears and interest at the rate of 24% p.a.

(2.) The case of petitioner is that he was given regular pay scale of helper and was posted as helper in the year 1982 and for that purpose he was posted as helper vide Annex.2 dt. 13.03.1991 and his name was included in the seniority list Annex.3 in which name of petitioner is shown as helper (Sahayak) w.e.f. 31.07.1982 by the respondent department itself. Petitioner was considered for promotion on the post of Fitter Gr.I and accorded promotion on the said post vide order dt. 26.05.2004 (Annex.12) with all benefits while treating him as helper since 1982. The petitioner has claimed the benefit of selection scale in the said cadre but it was denied, therefore, a writ petition was preferred by him before this Court in the year 2004. The said writ petition was registered as S.B. Civil Writ Petition No.1917/2004 in which it was ordered that petitioner may file representation to the respondents and in compliance of that order representation and a notice for demand of justice was sent by petitioner with the hope that the grievance of petitioner with regard to grant of selection scale may be redressed without further delay.

(3.) The petitioner's case was considered and vide order dt. 13.01.2005 (Annex.9) not only the claim of petitioner with regard to grant of selection scale in the cadre of helper is rejected but it is also observed by Superintending Engineer, PHED, Nagaur Circle that order dt. 29.07.1982 passed by the Executive Engineer, Division Merta and order passed by Executive Engineer, Deedwana dt. 13.03.1991 are illegal because petitioner was wrongly appointed on the post of helper instead of Class IV employee, therefore, both the orders were quashed and petitioner is entitled for selection scale which is provided for Class IV employee while treating him as Class IV employee.