Chairman-cum-Managing Director v. Mandal Dutt Joshi
2005-07-25
R.S.CHAUHAN
body2005
DigiLaw.ai
Judgment Rajesh Balia, J.-Mr. S.K.M. Vyas appears for the respondents. Service is complete. 2. We have heard learned Counsel for the parties on merit of the appeal at their request. 3. The petitioner-respondent had laid two claims in his writ petition. Firstly the petitioner, who was holding the qualification of ITI was eligible to be appointed on the post of Radio Mechanic Grade II and was to be regularly selected and to be appointed on the vacant post after his name was sponsored by Employment Exchange and he was interviewed on 111.1992. However, initial appointment was on daily wages and w.e.f. 06.02.1996 he was granted regular pay scale. The appointment order stated that various persons named therein are engaged for operating the wireless sets installed at various places in Rajasthan for a period of 6 months on the recommendation of selection Committee constituted by the Board and in pursuance of the approval conveyed by the Chairman. Vide order dated 18.04.1996 the six months appointment was continued acknowledging that the persons named thereunder are appointed and engaged on the basis of recommendations of the Selections Committee and they are allowed the consolidated wages/amount in the regular pay scale of the post for the respective period in terms of orders dated 10.01.1995 and 02.02.1995. The petitioners entitlement for regular pay scale was stated to be from 06.02.1996. 2. Vide circular dated 06.03.1992, even before the petitioner - respondent was appointed, the appellant/their predecessor, the Rajasthan State Electricity Board had devised the scheme parallel to the scheme operated by the State Government vide notification dated 25.01.1992 known as 9-18-27 Scheme for grant of selection scale to those stagnated employees of Classes III and IV servants, who had not received any promotion during specified of period 9 years, 18 years and 27 years respectively. 3. The circular dated 06.03.1992 envisaged that the first selection grade is to be granted following the day on which one complete services of 9 years or otherwise, provided that such employee has not got one promotion or selection grade or up gradation earlier as is available in his existing cadre. Likewise, the second and third selection grades were to be released on completion of 18 and 27 years of service respectively.
Likewise, the second and third selection grades were to be released on completion of 18 and 27 years of service respectively. The petitioner has claimed that he may be given the first selection scale on completing 9 years of service from the date of his first appointment i.e. 06.02.1993 as during that period he has not received any promotion or selection scale and has also asked for grant of pay scale of the post of Radio Mechanic w.e.f. 06.02.1993 and seniority w.e.f. the date when he was initially appointed after regular selection. 4. The learned Single Judge did not find the claim of the Petitioner to regular pay scale w.e.f. 04.02.1993 supported by the Rules but was of the opinion that the period of 9 years is to be counted from the date of his first appointment that is to say 06.02.1993 and on completion of 9 years he was entitled to the selection scale. 5. Aggrieved with the aforesaid order, the appellant Rajasthan Rajya Vidhyut Parasaran Nigam Ltd., the successor company to Rajasthan State Electricity Board, in one of its manifestation only, has preferred appeal. The petitioner has not preferred any appeal or cross-examination against denial of selection scale to him with effect from the date of his first appointment. 6. The only contention raised by the learned Counsel before us is that under Clause (ii) of circular Annex. R/1, it is clear that selection grade is applicable only with effect from the date of grant of regular selection grade in the existing cadre and not otherwise. 7. On the other hand, the learned Counsel for the respondent-Petitioner has urged that the condition envisaged in Para 2 of the order dated 06.03.1992 is alternate and not in conjunction and therefore, he fulfills one of the alternate condition to claim the benefit of selection scale on completion of 9 years to be counted from his initial appointment w.e.f. 06.02.1993. 8. The Para 2 of the order dated 06.03.1992 reads as under :-“2 The service of nine, eighteen or twenty seven years or otherwise as hereinafter prescribed as the case may be, shall be counted from the date of first appointment/fixation in the regular pay scale in the existing cadre/service in accordance with the provisions contained in the Recruitment Regulations/ Fixation Rules of the Board.” 9.
A perusal of the aforesaid provision makes it clear that the sign of separation between two dates viz. either date of appointment in regular pay scale or date w.e.f. fixation is made in a pay scale, whichever is earlier, becomes the starting point of computing for completion of 9, 18 or 27 years service as the case may be. First appointment or fixation in the regular pay scale in the existing cadre are both qualified by the expression “service in accordance with the provisions contained in Recruitment regulations or Fixation Rules of the Board”. Therefore, read in the context and the purpose for which the provisions have been made for ameliorating the condition of stagnated employees, it leaves no room for doubt that if the person is appointed in service in accordance with the provisions contained in Recruitment Regulation/Fixation Rules then the date of first appointment becomes starting point for computing 9, 18 and 27 years of service. For the purpose of finding out the date on which selection scale is to be granted, firstly it is to be found whether first date of appointment was in respect of an appointment under the rules. In case, the date of first appointment is not in accordance with the provisions of the Service Rules then later fixation in the regular pay scale in the existing cadre as per the Fixation Rules of the Board becomes the guideline for the purpose of finding out the starting point for computing the period of 9, 18 and 27 years in order to grant selection grades. 10. As we have noticed from the orders giving appointment to the petitioner, the petitioner,s initial appointment order dated 04.02.1993 in pursuance of which he joined on 06.02.1993 and the order putting him in the regular pay scale refers only to one selection made in February, 1993 in pursuance of names sponsored by the Employment Exchange and in pursuance of which appointment order dated 04.02.1993 had been issued. No other selection process was given though for granting appointment. 11. That being the position, there is no escape from the conclusion that the first appointment of the petitioner in the service was on 06.02.1993 and that was in accordance with the provisions contained in Recruitment Regulations.
No other selection process was given though for granting appointment. 11. That being the position, there is no escape from the conclusion that the first appointment of the petitioner in the service was on 06.02.1993 and that was in accordance with the provisions contained in Recruitment Regulations. It was only for the purpose of fixing the regular pay scale that the second order was passed by placing the candidate, who has been initially employed on the daily wages to be placed on the regular pay scale later on. Since, the respondent has not appealed before us, we refrain from making any observation regarding date from which respondent is entitled to regular pay scale. 12. In view of our aforesaid conclusion, there is no room for interference with Judgment under appeal which is otherwise in consonance with the decision of the Full Bench in State of Rajasthan and Ors. vs. Farooq Ahmed and 59 Ors., (FB.) D.B. Special Appeal No. 58/2004-decided on 010.2004 interpreting the order dated 25.01.1992 issued by the State in this regard. The appeal, therefore, fails and is hereby dismissed