Shoji Ram Mali v. State of Rajasthan, Thr. The Director Medical And Health Services, Rajasthan, Jaipur
2019-01-07
PRADEEP NANDRAJOG, PUSHPENDRA SINGH BHATI
body2019
DigiLaw.ai
JUDGMENT 1. Defects have not been removed. 2. We overlook the defects and proceeded to decide the appeal on the legality of the impugned order dated 02.07.2018. 3. The appellant was employed as a Chowkidar in a work charged establishment of the Irrigation Department in the State of Rajasthan on 12.08.1968 and on 31.08.1970 was made semi- permanent. He was thereafter promoted a Munshi Grade-II on 09.03.1978 and thereafter he earned second promotion as Munshi Grade-I on 01.09.1984. Declared surplus in the Irrigation Department on 26.09.1990 and he was absorbed as a LDC in the Medical & Health Department on 08.10.1990. He superannuated from service on 31.12.2000. 4. While in service he was granted first and second selection grade benefits with effect from 01.02.1993 and 27.12.1997. On 07.08.2001 he was granted third selection grade benefit on completing 27 years of service with effect from 31.08.1997, which was withdrawn and the benefit was conferred with effect from 01.01.1998 he was placed in pay scale of Rs. 4,000-6000/-. 5. Case of the appellant was that the third selection grade benefit has to be granted with respect to the scales in the Irrigation Department. The stand of the department was that on being declared surplus in the Irrigation Department and absorbed in the Medical & Health Department as a LDC, the third selection grade benefit had to be against higher post i.e. UDC which was granted to him. 6. The stand of the department has been upheld by the learned Single Judge. Indeed, as a result of being absorbed in the Medical & Health Department as a LDC, a benefit of the third selection grade had to be granted by conferring the benefit of the scale in the promotional post which happens to be UDC. 7. The appeal is dismissed.