Prem Chand Jain v. Rajasthan Small Industrial Corporation Ltd. ,Jaipur
2001-11-29
S.K.KESHOTE
body2001
DigiLaw.ai
JUDGMENT 1. Heard learned counsel for the parties. 2. The petitioner in this petition is praying for the following reliefs : "(i) issue an appropriate writ, order or direction to set aside the order dated 19.11.97 (Ann. IV) passed by the respondent and direct the 5 respondent to grant benefit of Selection Pay Scale of 9-18-27 immediately. (ii) issue an appropriate writ, order or direction directing the respondent to pay arrears of salary due after granting selection pay scale of 9-18 and 27 to the petitioner from 25.1.92 with the interest @24% p.a. (iii) issue an appropriate writ, order or direction directing the respondent to grant promotion on the Higher Post of Jr. Sales Assistant/Jr. Asst. from the date similarly situated persons and junior persons to petitioner have been promoted with all consequential benefit. (iv) issue an appropriate writ, order or direction giving any other relief in favour of the petitioner. (v) the cost of writ petition may also be awarded in favour of petitioner. 3. I have gone through the decision of the Managing Director of the Corporation given in pursuance of the order of this Court dated 27.8.97 in zo S.B. Civil Writ Petition No. 3990/97. 4. So far as this decision relates to the claim of the petitioner's for promotion to the higher post, I do not find any illegality therein but the decision to the extent it relates to the denial of the benefit of the selection scale to the petitioner is wholly arbitrary and unjustified and clearly exhibit an example how the low paid employees are exploited by the officers of the Corporation. 5. It is unfortunate though the officers moreso bureaucrats can be given any benefit but so far as the question does arise for giving the benefit of selection scale etc. to the low paid employee this perverse approach is being taken. 6. The benefits of selection scale are being given for the benefits of the employees so that there may not be any stagnation in their pay. Looking to the fact that a person may not get timely promotion he may be stagnated and the high costs of the essential commodities and living this selection scale benefits are being introduced and as per this provision the employees who could not get the regular promotion, the higher pay scale on completion of 9, 18 & 27 years services respectively are to be given.
If it would have been a case of Class 1 officer or IAS or IPS officers I am confident that all ways would have been found by the State Government and its bureaucrats to give these benefits to that class of the officers. So far as low paid employees are concerned I am constrained to observe that the officers of the Corporation has no humanitarian as well as justice oriented approach or sympathetic consideration and believes to apply strict rule of law which deserves to be deprecated. 7. It is true that the post of weighman has been abolished but he has been absorbed in the Corporation's services may be on humanitarian ground. Humanitarian ground should have been adopted instead of this technical and red tapism approach and relief of selection scale should not have been denied to the petitioner, a low paid employee. The petitioner has entered into the Corporation's services way backing the year 1974 and it is really shocking that after serving for this long period he could not get the promotion and when the question comes for the consideration of giving him the benefit of selection scale that too has also not been given to him. This is wholly perverse and arbitrary approach and it deserves to be deprecated. 8. Accordingly this petition succeeds and the same is allowed to the extent only the Corporation to consider the case of the petitioner to give him the higher/selection scale on completion of 9, 18 & 27 years services and where he is found suitable for these pay scales accordingly the benefits are to be given to the petitioner. In case in the service rules no such post of promotion is provided to give these benefits the notional post are to be created in the appropriate pay scales. This order is to be complied with and to be reported to the Court within a period of three months from the date of receipt of certified copy of this order. In case the petitioner is found suitable for giving him the selection scale on completion of 9, 18 & 27 years services all consequential benefits be given to him within next one month. The respondent is directed to pay the costs of the petition to the petitioner which quantified to Rs. 2,000/-.Writ Petition allowed with costs of Rs. 2000/-. *******