Research › Search › Judgment

Rajasthan High Court · body

2003 DIGILAW 768 (RAJ)

Govind Singh v. The State of Rajasthan

2003-05-20

SUNIL KUMAR GARG

body2003
JUDGMENT 1. - This writ petition has been filed by the petitioner under Article 226 of the Constitution of India against the respondents on 23.7.2002 with a prayer that by an appropriate writ, order or direction, the respondents may be directed to grant selection scale to the petitioner with effect from 15.9.2001 (i.e. from the date of his initial appointment) and not from 6.3.2002 and further the impugned order dated 22.3.2002 (Annex. 3) passed by the Commissioner, Devasthan Department (respondent No. 2) by which it was ordered that the selection grade would be given to the petitioner from the date when the petitioner qualified the type test as this condition was imposed by the appointing authority, be quashed and set aside. 2. The facts of the case as put forward by the petitioner are as under: (i) That father of the petitioner Shri Ganpat Singh was serving as Lower Division Clerk in the office of respondent No. 3 (Assistant Commissioner, Devasthan Department, Jodhpur) who died on 14.4.1964 while in service and under the provisions of Rajasthan Recruitment of Dependents of Government Servants Dying While In Service Rules 1975 (hereinafter referred to as the Rules of 1975), the petitioner was proposed to be appointed as Lower Division Clerk through letter dated 6.12.1991 and thereafter the petitioner was appointed as LDC vide order dated 8.9.1992 (Annex. 1) passed by respondent No. 2 (Commissioner, Devasthan Department, Udaipur), but there was a condition in the order dated 8.9.1992 (Annex. 1) that the petitioner had to pass type test within six months. (ii) That in pursuance of that order dated 8.9.1992 (Annex. 1) passed by the Commissioner, Devasthan Department, Udalpur (respondent No. 2), the petitioner joined the services of respondents on 15.9.1992 and is continuing in service. (iii) Further case of the petitioner is that since he joined the service on 15.9.1992, therefore, he became eligible for grant of selection grade with effect from 15.9.2001 i.e. after completion of 9 years of service, but the case of the respondents is that since the petitioner qualified the type test on 6.3.1993, therefore he would be given selection grade only with effect from 6.3.2002 and not from 15.9.2001. (iv) That further case of the petitioner is that through order dated 22.3.2002 (Annex. (iv) That further case of the petitioner is that through order dated 22.3.2002 (Annex. 3) passed by the respondent No. 2 (Commissioner, Devasthan Department, Udaipur), it was ordered that the petitioner would be given selection grade after completion of nine years of service from the date he qualified the type test i.e: 6.3.1993 and not from the date of initial appointment i.e. 15.9.1992. This order dated 22.3.2002 (Annex. 3) passed by the respondent No. 2 (Commissioner, Devasthan Department, Udaipur) has been challenged in this writ petition on various grounds and the main ground is that since he was given appointment under the Rules of 1975, therefore, he should be given selection grade from the date of initial appointment i.e. 15.9.1992 and not from the date he qualified the type test i.e. 6.3.1993 Irrespective of the fact that there was a condition in the appointment order dated 8.9.1992 (Annex. 1) that the petitioner was required to qualify the type test within six months. Hence, this writ petition with the above-mentioned prayer. 3. A reply to the writ petition was filed by the respondents and their case is that as per the order dated 21.1.1999 (Annex. R/1) issued by the Finance Department, Government of Rajasthan, the petitioner would only be entitled for grant of selection scale after completing nine years of service from the date when he qualified the type test i.e. 6.3.1993 and not from the date of initial appointment i.e. 15.9.1992 and hence the selection grade would be given to the petitioner after completion of nine years of service from 6.3.1993 (the date when the petitioner passed the qualified type test) and not from 15.9.1992 (the date of initial appointment) and hence the writ petition be dismissed. 4. Heard and perused the record. 5. In the order dated 21.1.1999 (Annex. R/1) there is a clause 4 which says that as per the order dated 8.12.1996 passed by the Department of Personnel, the employees who were given appointment on compassionate grounds are not required to pass type test, but it would be discretion of the appointing authority to keep such a condition. However, there is another order dated 8.2.1993 passed by the Finance Department which says that passing of type test is necessary and therefore, selection grade would be granted from the date of passing of type test. 6. However, there is another order dated 8.2.1993 passed by the Finance Department which says that passing of type test is necessary and therefore, selection grade would be granted from the date of passing of type test. 6. In my opinion, whatsoever may be the position, the appointment of LDC under the Rajasthan Civil Services (Offices and Ministerial Staff) Rules, 1957 stands on different footing than the appointment under the Rules of 1975 or under the provisions of the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servants Rules, 1996 (hereinafter referred to as the Rules of 1996). Even the Department of Personnel vide order dated 8.12.1996 has clearly specified that the persons who were appointed on compassionate ground were not required to pass type test and when this being the position, the petitioner is entitled to grant of selection grade from the date of his initial appointment i.e. 15.9.1992 and not from 6.3.1993 (the date on which the petitioner qualified the type test) irrespective of the fact that a condition was there in the appointment order dated 8.9.1992 (Annex. 1) passed by the Commissioner, Devasthan Department, Udaipur (respondent No. 2) that the petitioner was required to qualify type test within six months. 7. In my considered opinion the persons who were appointed under the Rules of 1975 or the Rules of 1996 on compassionate ground on the post of LDC, they are not required to pass type test because their appointment is not under the Rules of 1957, where passing of type test is must. 8. For the reasons mentioned above, a legal right has accrued in favour of the petitioner to seek remedy under Article 226 of the Constitution of India and the order dated 22.3.2002 (Annex. 3) passed by the Commissioner, Devasthan Department, Udaipur (respondent No. 2) cannot be sustained and thus, is liable to be quashed and set aside and this writ petition deserves to be allowed.Accordingly, the present writ petition is allowed and the order dated 22.3.2002 (Annex. 3) passed by the Commissioner, Devasthan Department, Udaipur (respondent No. 2) is quashed and set aside and-the respondents are directed to grant selection grade to the petitioner from the date of his initial appointment i.e. 15.9.1992 and not from 1993 (the date when the petitioner passed the type test).Cost made easy.Writ Petition Allowed - Order denying Selection Grade to Petitioner Set Aside. *******