JUDGMENT 1. - The petitioner was initially appointed as Driver on 11.8.64 in the work-charge establishment. The respondent-State has decided to give regular pay-scale to the work-charged employees who have completed 10 years of service and to fix their pay-scale in the pay-scales of 1976. In pursuance of the decision taken by the State, the petitioner's services were regularised on the post of Driver on his completion of 10 years of service vide order dated 18.6.91. Later on, by order dated 23.4,92, the petitioner was given selection-grade and fixed in the pay-scale of Rs. 1,200-2,050 with effect from 1.9.1988 and a sum of Rs. 5,964/- was paid to him by way of arrears. On 4.5.1992, an order has been issued by the Additional Chief Engineer, Public Works, Department, Bikaner Region, Bikaner withdrawing the order dated 23.4.92 whereby the petitioner was given the selection grade and amount of arrears was paid to him. It is said in the order that the matter regarding sanction of selection-grade in the pay scale of Rs. 1,200-2,050 to the work-charged cadre is under consideration and selection-grade was wrongly given to the petitioner. The authority directed that in case payment had already been made to the petitioner recovery thereof be effected in suitable instalments. In consequence of the withdrawal of the order dated 23.4.92, respondent No. 3 Assistant Engineer, Public Works Department, Bikaner, vide his order dated 12.5.92 directed recovery of Rs. 5,964/- in monthly instalments of Rs. 600/- each. In this petition, the petitioner has challenged the order of withdrawal of selection-grade and the subsequent order of recovery of the amount paid to him. 2. According to the respondents, the selection grade was given to the petitioner by order dated 24.4.92 erroneously as no selection-grade was sanctioned for the work-charge cadre to which the petitioner belonged and the matter is only under consideration. As no selection-grade is applicable nor sanctioned to the work-charged employees of the State Government, when the mistake was detected the order giving selection-grade to the petitioner had to be withdrawn and, as a consequence thereof, the order of recovery of the amount already paid to the petitioner by way of arrears was passed. 3.
As no selection-grade is applicable nor sanctioned to the work-charged employees of the State Government, when the mistake was detected the order giving selection-grade to the petitioner had to be withdrawn and, as a consequence thereof, the order of recovery of the amount already paid to the petitioner by way of arrears was passed. 3. Rules have been framed under Article 309 of the Constitution of India for regulating the recruitment and conditions of service of the work-charged employees of the Public works Department (B&R) and the Rules include the Departments of Gardens, Irrigation, Water-Works and Ayurvedic. The rules are called the Rajasthan Public Works Department (B&R) including Gardens, Irrigation, Water Works and Ayurvedic Departments Work-charged Employees Rules, 1964 (in short, to be called the Rules of 1964). Under Rule 3 of the Rules of 1964, the work-charged employees are divided into three categories viz., (i) permanent status, (ii) semi-permanent status, and (iii) casual. Sub-rule (2) of Rules 3 lays down that the employee who is in service for 10 years or more shall be eligible to the status of permanent work-charged employee provided his record of service in the opinion of the competent authority is satisfactory. The employee who is in continuous service for two or more years is eligible for the grant of semi-permanent status provided his record of service in the opinion of the competent authority is satisfactory. Proviso to Rule 3 of the Rules of 1964 specifies that nothing in the rules shall entitle a work-charged employee categorised permanent or semi-permanent to claim the status and benefits of permanency or semi-permanency to which the regular employees of the State Government are entitled under the Rajasthan Service Rules. 4. Admittedly, the petitioner has been assigned the status of a permanent workcharged employee and the effect of declaring the petitioner as permanent carries with it certain benefits such as he shall be given the pay-scale as provided under Rule 12 of the Rules of 1964, he will be entitled to increments under Rule 13 and dearness allowance etc. under Rule 14. Similarly, he is entitled to the benefit of leave as given in Rule 15 and other necessary facilities like medical facility under rule 21 and provident fund under Rule 22 of the Rules of 1964.
under Rule 14. Similarly, he is entitled to the benefit of leave as given in Rule 15 and other necessary facilities like medical facility under rule 21 and provident fund under Rule 22 of the Rules of 1964. Under Rule 12 the work-charged staff having separate emoluments of pay and dearness-allowances, as are admissible to the regular employees of the Government, their pay shall be allowed in the revised pay-scale applicable to a regular employee of the Government, performing similar duties, or work-charged staff given consolidated wages without separate element of dearness allowance but whose consolidated wages are fixed on the analogy of total emoluments admissible to regular Government employees together with provision for regular increments, shall be paid wages at the rate of consolidated wages corresponding with the revised pay-scale of regular employees of the Government performing similar duties along with dearness allowance. Thus he shall be entitled to a regular pay-scale equal to that of a regular employee of the Government performing the similar duties. But, this does not speak of selection-grade.The selection-grade is a higher pay for the same post. A selection-grade is intended to ensure that a capable Government employee who may not get a chance of promotion on account of limited outlets of promotion should at least be placed in selection grade to prevent stagnation at the maximum of the payscale. The selection-grade is, therefore, accorded in the interest of greater efficiency. 5. The Government of Rajasthan issued order on 25.1.92 applicable to all the government-servants in Class IV, Ministerial and Subordinate services and those holding isolated posts and drawing pay in revised pay-scales of 1989 the maximum of which does not exceed Rs. 3,200/- prescribing selection-grade with a view to provide relief to employees in Class IV and to those holding isolated posts. First, second and third selection-grade is applicable to the employee on completion of nine, eighteen and twenty-seven years of service respectively. The selection-grade is not made applicable automatically to all the employees falling under the category. The appointing authority or the authority senior to the appointing authority is required to pass specific orders considering the satisfactory service of the employee. 6.
The selection-grade is not made applicable automatically to all the employees falling under the category. The appointing authority or the authority senior to the appointing authority is required to pass specific orders considering the satisfactory service of the employee. 6. Proviso to Rule 3 specifically directs that nothing in these rules, which includes Rule 12, shall entitle the work-charged employees categorised permanent or semi-permanent to claim the status or benefits of permanency or semi-permanency to which a regular Government servant is entitled under the Rajasthan Service Rules. The selection-grade which is mainly given to prevent stagnation at the maximum of the pay-scale shall not automatically apply to the petitioner on account of his being given the status of permanent workcharged employee. The selection-grade having not been made applicable to the work-charged employees the order granting selection-grade to the petitioner was obviously under mistake and thus was rightly withdrawn when the mistake happened to come to light. Thus there is no force in the writ petition. The impugned orders are perfectly in accordance with law. 7. Consequently, the writ petition fails and is dismissed.There shall be no order as to costs.Petition dismissed. *******