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2002 DIGILAW 804 (RAJ)

Hari Singh Yadav v. State

2002-04-18

P.P.NAOLEKAR

body2002
JUDGMENT 1. - With the consent of the learned counsel appearing for the respective parties all four petitions are finally heard and being disposed of. 2. In all the petitions the petitioners were initially appointed as work-charged employees. On completion of 10 years of service they were absorbed in the regular cadre. As the petitioners were not given the benefit of the selection scale on completion of 9, 18 and 27 years of service as per Government Circular dated 25.1.1992, they approached the Service Tribunal. The Service Tribunal vide its order dated 10.6.1997 directed as under : "This Tribunal is bound by the judgment of the Hon'ble High Court of Rajasthan and therefore, in the light of the discussions made above all the appeals are hereby accepted and it is ordered that for the grant of the selection scale, the services may be counted from the date of their regularisation on completion of 10 years of service. 3. Thereafter, as the petitioners were not given the selection scale, they approached the Service Tribunal for initiation of proceedings under the Contempt of Courts Act against the respondents. The Service Tribunal vide order dated 10.5.99 while entertaining the application for contempt filed by the petitioners, directed that the benefit of grant of selection grade shall be given to the petitioner from the date of the order passed by the Service Tribunal i.e. on 10.6.97, as in the previous order no date has been specified for the purpose of counting the period for giving the benefit of selection scale to the petitioners. Aggrieved by the said direction these writ petitions have been filed. 4. The order of the Tribunal passed on 10.5.99 is not in conformity with any provisions of law. In the order of the Tribunal dated 10.6.97 it has been clearly said that for grant of selection scale the services of the petitioners shall be counted from the date of their regularisation on completion of 10 years of service. Thus, the date from which the services of the petitioners shall be counted for the purpose of grant of selection grade would be the date on which the petitioners have been regularised. The directions given by the Tribunal are unambiguous and do not require any clarification. 5. Thus, the date from which the services of the petitioners shall be counted for the purpose of grant of selection grade would be the date on which the petitioners have been regularised. The directions given by the Tribunal are unambiguous and do not require any clarification. 5. The order of the Tribunal dated 10.5.1999 passed in contempt petition is set aside so far it relates to the directions issued by the Tribunal in regard to the date from which the services of the petitioners shall be counted for the purposes of grant of selection scale. It is made clear that the petitioners would be entitled for grant of selection scale counting their services from the date of their regularisation as is being directed by the Tribunal in its order dated 10.6.97.The writ petitions are allowed. There will be no order as to costs.Petition allowed. *******