JUDGMENT : Veerendr Singh Siradhana, J. Though, the petitioner was accorded appointment in the process of special drive to fill the back log vacancies of Scheduled Castes and Scheduled Tribes within a time frame in view of communication dated 7th September, 2005, from the office of the Prime Minister; however, the petitioner's appointment was accorded on contract basis of which the petitioner is aggrieved of, and therefore, has instituted the instant writ application praying for the following reliefs: "(i) by issuing an appropriate writ, order or direction the respondents be directed to consider the appointment of petitioner w.e.f. 1.7.2006 as permanent and regular since it was made by special drive to fill-up the backlog vacancies and the petitioner was having eligibility for the post and he was appointed after adopting due procedure by giving consequential benefits to him including arrear of pay with interest @ 12%. (ii) by issuing an appropriate writ, order or direction the respondents be directed to consider the appointment of the petitioner as substantive on the post of Microbiologist and allow him the benefit of three years service including annual increments and arrear thereof. (iii) by issuing an appropriate writ, order or direction the respondents be directed to fix the petitioner in existing pay scale of Microbiologist i.e. 5600-8600 with all the consequential benefits; (iv) any other appropriate relief, which is deemed just and proper in above mentioned facts and circumstances, may also be granted to the petitioner along with the cost." 2. In nutshell, the essential material facts are that in response to the advertisement that was issued by Rajasthan Drugs & Pharmaceuticals Ltd. (for short, 'RDPL') on 23rd February, 2006, being 2nd Special Recruitment Drive for SC/ST candidates only, the petitioner participated successfully. It is pleaded case of the petitioner that one post of Microbiologist for the category of Scheduled Caste (SC) candidate was advertised inviting applications from eligible candidates with M.Sc. (Microbiology) with 01 year experience in Pharmaceutical Unit and having approval as microbiologist from Drugs Authority on Consolidated pay Rs.5,000/- p.m. 3. Petitioner, who participated in the recruitment process in response to the advertisement dated 23rd February, 2006, being successful was accorded appointment vide order dated 1st July, 2006, and joined his duties w.e.f. even date as Microbiologist. 4. Dr. (Microbiology) with 01 year experience in Pharmaceutical Unit and having approval as microbiologist from Drugs Authority on Consolidated pay Rs.5,000/- p.m. 3. Petitioner, who participated in the recruitment process in response to the advertisement dated 23rd February, 2006, being successful was accorded appointment vide order dated 1st July, 2006, and joined his duties w.e.f. even date as Microbiologist. 4. Dr. V.S. Nain, learned counsel for the petitioner, reiterating the pleaded facts and grounds of the writ application, asserted that the recruitment to the Microbiologist as a consequence of Special Drive to fill the backlog vacancies of Scheduled Castes and Scheduled Tribes, within in a time frame, as would be evident from communication issued from the Prime Minister Office on 9th September, 2005 and advertisement itself dated 23rd February, 2006, issued by RDPL. 5. Be that as it may, the petitioner was accorded appointment on the post of Microbiologist on contract basis as per terms and conditions of appointment for which an agreement was entered into on 29th June, 2006. The petitioner, therefore, aggrieved of appointment made on contract basis despite of the fact that the advertisement was issued to fill up the backlog vacancies of the SC/ST candidates, sought information vide his application dated 28th April, 2009, under the Right to Information Act, 2005. In response, Government of India, Ministry of Chemicals & Fertilizers, Department of Chemicals & Petrochemicals, vide communication dated 24th March/1st April, 2009, informed the petitioner that the Special Recruitment Drive launched by the Government was to fill up the backlog vacancies reserved for SCs and STs only under the direct recruitment quota. It was further asserted that there is no provision for filling up these vacancies on contract basis. 6. Referring to appointment order dated 1st April, 2009, issued by respondent No.2, learned counsel for the petitioner urged that respondent No.2, having realized the mistake, issued order appointing the petitioner on substantive basis on the post of Microbiologist vide order 1st April, 2009. However, the pay-scale of the petitioner was indicated as Rs.4700-7860 (IDA) w.e.f. 1st April, 2009, and other terms and conditions stipulated therein whereas the petitioner was accorded appointment on 1st July, 2006, under the Special Recruitment Drive launched by the Government. However, the pay-scale of the petitioner was indicated as Rs.4700-7860 (IDA) w.e.f. 1st April, 2009, and other terms and conditions stipulated therein whereas the petitioner was accorded appointment on 1st July, 2006, under the Special Recruitment Drive launched by the Government. Thus, the action of the respondent No.2, in curtailing the period of service rendered by the petitioner w.e.f. 1st July, 2006 to 1st April, 2009, is illegal, arbitrary and contrary to the service law jurisprudence. Petitioner has also claimed grant of pay-scale of the post of Microbiologist. 7. In response to the notice of the writ application, the respondent No.2, has filed its counter affidavit raising preliminary objections with the statement that the petitioner did not fulfil the twin conditions of the advertisement i.e. (i) one year experience in pharmaceutical unit and (ii) he was not having approval as microbiologist from drugs authorities. 8. Reference has also been made to Rule 71 of the Drugs and Cosmetics Rules, 1945, which inter-alia prescribes the methods of test or analysis to be employed in pharmaceutical unit. Though, the advertisement was issued in the process of Special Drive with the approval of Government of India, Ministry of Chemicals & Fertilizers, Department of Chemicals & Petrochemicals. It is further pleaded that the petitioner had no legal right to claim appointment on regular basis w.e.f 1st July, 2006. The claim of the petitioner for pay-scale of Rs.5600-8600, is also resisted for similarly situated persons appointed to the post of Microbiologist have been accorded the same pay-scale of Rs.4700-7860, as per existing pay in Quality Control Department, referring to communication dated 16th /21st April, 2009, addressed to the petitioner in response to his representation. 9. When the matter came up before this Court on 17th April, 2017, learned counsel appearing on behalf of respondent No.2, accommodated as prayed, to enable him to produce the relevant Recruitment Rules for perusal of this Court in support of his stand in the counter-affidavit while resisting the claim of the petitioner. However, counsel for respondent No.2, is not present today in the Court and a request for further adjournment of the case was made on his behalf. The matter has been adjourned time and again and this Court does not find any justification to grant further adjournment. 10. However, counsel for respondent No.2, is not present today in the Court and a request for further adjournment of the case was made on his behalf. The matter has been adjourned time and again and this Court does not find any justification to grant further adjournment. 10. I have heard the learned counsel for the petitioner and with his assistance perused the materials available on record as well as gave my thoughtful consideration to the submissions at Bar. 11. The factual matrix of the case that the petitioner was accorded appointment vide office order dated 1st July, 2006, as a consequence of his successful participation in the recruitment process in response to advertisement dated 23rd February, 2006, which was a 2nd Special Recruitment Drive for SC/ST candidates only, is not in dispute. The fact that there was no provision to fill up those vacancies on contract basis in the 2nd Special Recruitment Drive also stands proved in view of response by Government of India vide communication dated 24th March/1st April, 2009, which reads thus: "F.No.F-23011/10/2008-Estt. Government of India Ministry of Chemicals & Fertilizers Department of Chemicals & Petrochemicals *** Shastri Bhawan, New Delhi Dated 24th March, 2009 1st April To Shri Rameshwar Lal Bagotia, Microbiologist Rajasthan Drugs and Pharmaceuticals Ltd. VKI Area, Road No. 12, Jaipur, Rajasthan. Subject:- Information under RTI Act. Sir, I am directed to refer to your letters dated 7.3.09 and 28.1.09 and to inform that the Special Recruitment Drive launched by the Government was to fill up the backlog vacancies reserved for SCs and STs only under the direct recruitment quota. There is no provision of filling up these vacancies on contract basis. The question of regularization of contractual appointments, therefore, does not arise. Yours faithfully (R.K. Kureel) Under Secretary to the Govt. Of India Ph.23388635 Copy:- Shri S.C. Mehta, SO(RTI), Department of Chemicals & Petrochemicals." 12. It appears that respondent No.2, having realized the irregularity/illegality committed, thereafter issued another order dated 1st April, 2009, according regular appointment on the post of Microbiologist to the petitioner. However, the appointment was made in the pay-scale of Rs.4700-7860 (IDA) w.e.f. 1st April, 2009, with the terms and conditions stipulated therein. 13. It appears that respondent No.2, having realized the irregularity/illegality committed, thereafter issued another order dated 1st April, 2009, according regular appointment on the post of Microbiologist to the petitioner. However, the appointment was made in the pay-scale of Rs.4700-7860 (IDA) w.e.f. 1st April, 2009, with the terms and conditions stipulated therein. 13. From the rejoinder filed on behalf of the petitioner enclosing relevant document which reflects details of the Staff in Quality Control, along with Technical Staff as per Drugs & Cosmetics Act and Rules, under 'Status of Staff' has detailed out pay-scale of various posts, including that of HOD. It will be profitable to take note of the contents under the caption 'Status of Staff', which reads thus: "STATUS OF STAFF It was Brought to the notice of the committee that initially the Q.C. Deptt. was headed by an Officer as HOD designated as Asstt. Chief (Q.C.) in the pay scale of Rs. 1100-1600-(III CPC), a scale equivalent to Manager (Q.C.) Subsequently the deptt. was headed was Cheif Manager (Q.C.) from 1987-1990 After this deptt. was again headed by Manager (Q.C.) and Dy. Manager (Q.C.) There are no such norms devised for appointment of HOD's of Quality Control in terms of quantum of work, number test performed etc. and subordinate staff in department. Presently the department is being headed by Manager (Q.C.) the pay scale of Rs. 10750-16750 (IDA). The various posts including HOD are as under- Executives 1 Manager (Q.C) 10750-16750 2 Dy. Manager(Q.C.) 8600-14600 3 Asstt. Manager(Q.C.) 6550-11350 Supervisors 4 Quality Control Officer 6000-9200 5 Sr. Scientific Asstt. 5600-8600 6 Microbiologist 5600-8600 7 Jr. Scientific Asstt. 5200-8000 Workman 8 Analyst 4700-7860 9 Sr. Lab Assistant 4250-6940 10 Sr. Lab Attendant 4250-6940 11 Lab Attendant 4050-6490 12 Un Skilled Worker 3875-5815 The eligibility standards as per recruitment and promotion rules of the company in terms of qualification and experience for various posts are as under- S. No. Post Scale (IDA) Qualification Number of Post Required 1 Manager (Q.C.) 10750-16750 B. Pharm/BSc. with 10 year experience in a pharmaceutical company. 2 Dy. Manager (Q.C.) 8600-14600 B. Pharm/Bsc with 8 year experience of Analysis of Pharmaceutical products and approved by Drug Authorities in Analytical work. 3 Asstt. Manager (Q.C.) 6550-11350 B. Pharm/MSc with 7 year experience or B.Sc. With 10 year experience in the line. 4 Quality Control Officer/Exe. with 10 year experience in a pharmaceutical company. 2 Dy. Manager (Q.C.) 8600-14600 B. Pharm/Bsc with 8 year experience of Analysis of Pharmaceutical products and approved by Drug Authorities in Analytical work. 3 Asstt. Manager (Q.C.) 6550-11350 B. Pharm/MSc with 7 year experience or B.Sc. With 10 year experience in the line. 4 Quality Control Officer/Exe. Officer 6000-9200 B.Sc with 07 yrs Exp B. Pharm with 05 yrs Exp. 5 Senior Scientific Asstt 5600-8600 BSc with 7 year experience of MSc with 5 year experience of Analysis in Pharmaceutical concern of repute. Must be approved in analytical work. 6 Junior Scientific Asstt./Chemist 5200-8200 BSc with 3 year experience 7 Sr. Lab Assistant Computer Operator 4250-6940 BSc with 7 year experience. Fresh candidates can be considered for appointment as trainee. Graduate with Typing speed of 40 W.P.M. & having 3 year experience with Certificate in Computer 8 Sr. Lab Attendant 4250-6940 Promotion post from Lab Attendant. 9 Lab. Attendant 4050-6490 Metric with 3 year Experience 10 Semi Skilled Worker 3950-6140 Metric with one year Experience 11 Unskilled Worker 3875-5815 Metric pass The committee was also informed that the allotted pay scale of Managerial and Supervisory staff are as per recruitment and promotion rules of the company as approved by board of Directors of the company. The pay scale shown are as the scales as originally approved and subsequently revised from time to time similarly allotted pay scale of workman cadre are as per tripartite settlement in operation for the period from 01.04.1999 to 31.03.2009." 14. A glance of the details under the Caption 'Status of Staff', clearly reflects that post of Microbiologist included under the category of 'Supervisors' carries the pay-scale of Rs.5600-8600, whereas pay-scale of Rs.4700-7860, is with reference to post of Analyst under the category of 'Workman". 15. Learned counsel for the petitioner while referring to the RDPL Recruitment Rules so also the provisions of the establishment respondent No.2, as contained under the caption 'Status of Staff', urged that the respondents have not disputed the fact that the post of 'Microbiologist' was not in existence in the year 1987, and therefore, there is no reference under the Rules of 1987, to the post of Microbiologist. 16. 16. The factual matrix as detailed out in the writ application so also in the rejoinder wherein the document (Annexure-12), has been enclosed, which includes details of 'Status of Staff' with payscales, has not been disputed by the respondents, more particularly, by the respondent No.2. 17. The petitioner, who was accorded appointment on the post of Microbiologist on 1st July, 2006, under 2nd Special Recruitment Drive, to fill up the backlog vacancies reserved for SCs and STs, could not have been accorded appointment on contract basis. Further, the communication dated 24th March/1st April, 2009, addressed to the petitioner by Government of India, leaves no room for any doubt that the vacancies reserved for SCs/STc were only to be filled up by direct recruitment on substantive basis and there was no provision to fill up those vacancies on contract basis. It is not the case of respondent No.2 that the petitioner was subsequently accorded substantive appointed inviting applications through a separate advertisement in the year 2009. 18. For the reasons and discussions aforesaid, the writ application succeeds and is hereby allowed. 19. The petitioner would be entitled to pay-scale of Rs.5600-8600, in accordance with the Rules/Regulations (Annexure-12) along with arrears with interest @ 9% per annum. The period w.e.f. 1st July, 2006 to 1st April, 2009, shall be treated for all practical purposes, as a period of regular appointment. No costs.