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2003 DIGILAW 1384 (RAJ)

State of Rajasthan v. Bajrang Lal Acharya

2003-10-09

H.R.PANWAR

body2003
JUDGMENT 1. - By the instant writ petition, petitioners seek setting-aside the impugned order dated 3.10.2001 (Annx. 8) passed by the Rajasthan Civil Services Appellate Tribunal (for short, "the Tribunal"), by which the petitioners were directed to grant selection scale to the respondent No. 1 from the date of his initial appointment. 2. The facts of the case are that respondent No. 1 was appointed on the post of Lower Division Clerk on 6.11.1981 on ad-hoc basis and passed the performance test on 17.8.85. He. was granted the first selection grade with effect from 18.2.93. Vide order dated 27.11.97 (Annx. 4), the date of 113 grant of first selection scale was changed as 17.8.94 instead of 18.2.93. Petitioner challenged the order Annx. 4 before the Tribunal by way of filing an appeal, which has been allowed vide impugned order Annx. 8 dated 3.10.2001. Hence this writ petition. 3. I have heard learned counsel for the parties and perused the record. 4. The controversy involved in these writ petitions stands squarely covered by the Order of a coordinate Bench of this Court rendered in State of Rajasthan v. Ram Kishan & ors., 2002 (4) WLC (Raj.) 144 , wherein, after considering the relevant rules and the judgments of the Hon'ble Apex Court, the coordinate Bench held as under: "As per the scheme of 1957 Rules, recruitment on the post of LDC on urgent temporary basis is permissible. As already stated, the employees were appointed temporarily on the recommendations of selection committee. In other words the employees before their selection had to pass through a selection process and their services shall be counted for the purpose of first selection scale from the date of their initial appointment in view of para 3 of Notification dated January 25, 1992 as rightly held by the Tribunal in the impugned order... The recruitment of the employees although was temporary but was not made dehors the 1957 Rules." 5. In State of Rajasthan & Anr. v. Sohan Lal & Anr., DBCSA No. 152/2002 decided on 14.05.2002 , it has been held that for the grant of selection scales, the entire service period is to be counted, including the services rendered on ad hoc and temporary basis as per the ratio laid down in Pushplata Thada etc. In State of Rajasthan & Anr. v. Sohan Lal & Anr., DBCSA No. 152/2002 decided on 14.05.2002 , it has been held that for the grant of selection scales, the entire service period is to be counted, including the services rendered on ad hoc and temporary basis as per the ratio laid down in Pushplata Thada etc. v. State & ors., 2001 (2) WLC (Raj.) 560 , and these decisions of the Division Benches stood affirmed by the Hon'ble Apex Court by dismissing the Special Leave Petitions against those decisions. 6. Yet another Division Bench of this Court, in Suder Lal Paliwal & Anr. v. State of Rajasthan & ors., DBCSA (Writs) No. 141/2002 decided on 17.10.2002 , held that the selection scale is to be granted from the date of initial appointment. The Division Bench further held that the benefit of selection scale extends to stagnated employees in whatever department of State Government they are working. A review petition filed by the State of Rajasthan (D.B. Review Petition No. 3/2003) stood dismissed by the Division Bench of this Court vide order dated 27.8.2003. 7. In this view of the matter, the Tribunal was justified in quashing the order Annx. 4 and allowing selection scale to the respondent No. 1 from the date of his initial appointment. I find no illegality, irregularity or perversity in the impugned order Annx. 8, which may warrant interference by this Court. 8. Consequently, the writ petition lacks merit and it is accordingly dismissed There shall be no order as to costs. Stay petition stands dismissed. *******