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2005 DIGILAW 2436 (RAJ)

Vasudeo Sharma v. State of Rajasthan

2005-09-13

GOVIND MATHUR

body2005
Judgment Govind Mathur, J.-The petitioner entered in services of the respondents being appointed as Store Munshi on work-charge basis on 14.05.1973. By an order dated 12.03.1986 permanent status was conferred upon the petitioner w.e.f. 01.04.1985. The petitioner thereafter was taken on regular ministerial cadre under Rajasthan Subordinate Offices Ministerial Staff Service Rules, 1957 w.e.f. 211.1990. The grievance of the petitioner is that the respondents have not allowed selection grades to him as required to be given on completion of 9, 18 and 27 years of service in accordance with the notification dated 25.01.1992 issued by the Government of Rajasthan. 2. A reply to the writ petition has been filed on behalf of the respondents stating therein that the petitioner was appointed as LDC in regular ministerial cadre of the Government of Rajasthan on 211.1990 and as such he completed 9 years of service only on 211.1999. Accordingly, no selection grade could be given to him prior to that under the notification dated 25.01.1992. 3. Heard learned Counsel for the parties. 4. The petitioner though initially appointed in work charge cadre as a Store Munshi w.e.f. 14.05.1973 but admittedly he was taken on regular ministerial cadre of Government of Rajasthan on 211.1990. The petitioner, therefore, became a Government servant w.e.f. 211.1990 as such he was in regular cadre prior to 25.01.1992. The notification dated 25.01.1992, therefore, is having application upon him. The appointment to the petitioner was given in work charge cadre in accordance with Rules, therefore, the respondents are required to take into consideration the services rendered by the petitioner even in work charge capacity while reckoning the service period for grant of selection grades. The petitioner was conferred with semi permanent status on completion of two years of services and from that day regular pay scales were allowed to him. The respondents, therefore, are required to compute the service of the petitioner for grant of selection grade from the date semi permanent status was allowed to him. The same view is taken by this Court in the case of Mohan Singh vs. State of Rajasthan, S.B. Civil Writ Petition No. 4146/1999 decided on 10.08.2005 5. Accordingly, this petition for writ succeeds and, therefore, the same is allowed. The same view is taken by this Court in the case of Mohan Singh vs. State of Rajasthan, S.B. Civil Writ Petition No. 4146/1999 decided on 10.08.2005 5. Accordingly, this petition for writ succeeds and, therefore, the same is allowed. The respondents are directed to allow selection grades to the petitioner as provided in the notification dated 25.01.1992 by taking into consideration his services from the date the semi permanent status was conferred upon him. The respondents shall consider the case of the petitioner for the grant of selection grades in view of the directions above within a period of six months from today. No order as to costs.