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2021 DIGILAW 66 (RAJ)

Pradeep Kumar v. State of Rajasthan

2021-01-11

SANJEEV PRAKASH SHARMA

body2021
JUDGMENT : Sanjeev Prakash Sharma, J. 1. The petitioner assails the order dated 30.08.2019 and consequential orders 02.09.2019 and 10.10.2019 whereby his pay has been revised and recovery has been sought to be made from the petitioner. 2. Learned counsel for the petitioner submits that the petitioner was appointed on compassionate grounds initially on 12.8.2013 and was placed on probation for a period of two years whereafter he was confirmed and he was granted regular pay scale vide order dated 12.8.2015 and was further placed in the pay matrix level-5 with effect from 1.1.2016 vide order dated 4.6.2018 in the pay scale of Rs. 20,800/-. 3. Learned counsel submits that without giving any notice or opportunity of hearing the respondents have passed the impugned order dated 30.8.2019 whereby it has been stated that the petitioner has acquired computer qualification only on 29.5.2017. As acquiring of computer qualification is a prerequisite for grant of increments. It is stated that the petitioner was wrongly granted regular pay scale with effect from 11.8.2015 and the earlier orders dated 12.8.2015 and 4.6.2018 have been withdrawn with directions to fix the petitioner in the pay matrix pay scale of 20,800 only with effect from 29.5.2017 that is the day when the petitioner passed the RSCIT Examination. 4. Learned counsel further submits that the qualification required for the post of LDC are apart from educational qualification to possess following qualifications as laid down under the Rules:- "B. "O" or Higher Level Certificate Course conducted by DOEACC under control of the Department of Electronics, Government of India, Or Computer Operator & Programming Assistant (COPA)/Data preparation and Computer Software (DPCS) Certificate organized under National/State Council of Vocational Training Scheme. Or Diploma in Computer Science/Computer Applications from a University established by law in India or from an institution recognised by the Government. Or Diploma in Computer Science & Engineering from a polytechnic institution recognised by the Government. Or Certificate Course in Information Technology (RSCIT) conducted by Vardhaman Mahaveer Open University, Kota under control of Rajasthan Knowledge Corporation Limited." 5. Or Diploma in Computer Science/Computer Applications from a University established by law in India or from an institution recognised by the Government. Or Diploma in Computer Science & Engineering from a polytechnic institution recognised by the Government. Or Certificate Course in Information Technology (RSCIT) conducted by Vardhaman Mahaveer Open University, Kota under control of Rajasthan Knowledge Corporation Limited." 5. Learned counsel for the petitioner submits that the petitioner had already passed diploma in Computer Application from an institute recognized by the Government at the time of appointment and thus was not required to possess certificate course in Information Technology for the purpose of confirmation which is one of the options to the diploma, however, as no show cause notice was given to the petitioner he could not inform about having already got diploma in Computer Application to the authorities and without giving him any opportunity his pay has been reduced and recovery has been affected. 6. Learned counsel appearing for the State has taken this Court to Notification dated 14.6.2013 wherein Rule 9 of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 was amended as under:- "2. Amendment of rule 9:-The existing rule 9 of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 shall be substituted by the following, namely:- "9. Procedural requirement etc.-The procedural requirement for selection such as training or departmental examination or typing on computer shall not be insisted upon at the initial appointment. The dependants shall however, be required to clear such training or departmental examination or typing test on computer in any one language either in English or in Hindi within a period of 3 years for entitlement for confirmation failing which his/her appointment shall be liable to be terminated. No annual grade increments will be allowed until he/she acquires such qualifications. On acquiring such qualification's annual grade increments shall be allowed notionally from the date of appointment but no arrears shall be paid. Provided that the widow appointed under the provisions of these rules shall be exempted from passing the typing test on computer." 7. On the basis thereto, counsel states that it has also been informed that the said Rule 9 was further amended vide Notification dated 2.1.2017 as under:- "9. Procedural requirement etc.-The procedural requirement for selection such as:- (i) computer qualification shall not be insisted upon at the time of appointment. On the basis thereto, counsel states that it has also been informed that the said Rule 9 was further amended vide Notification dated 2.1.2017 as under:- "9. Procedural requirement etc.-The procedural requirement for selection such as:- (i) computer qualification shall not be insisted upon at the time of appointment. The dependants of the deceased Government Servant shall have to possess any of the computer qualification as prescribed in the relevant rules within the period of probation, failing which his/her probation shall be deemed to be extended, unless the appointing authority terminates his/her services finding the performance wholly unsatisfactory. (ii) training of departmental examination or typing on computer shall not be insisted upon at the time of appointment. The dependants shall however, be required to clear such training or departmental examination or typing test on computer in any one language, either in English or in Hindi, within a period of three years, unless the period is relaxed by Department of Personnel, for entitlement for confirmation, failing which his/her appointment shall be liable to be terminated. No annual grade increments will be allowed until he/she acquires such qualification. On acquiring such qualification, annual grade increments shall be allowed notionally from the date of appointment but no arrears shall be paid: Provided that the widow appointed under the provisions of these rules shall be exempted from having computer qualification and passing the typing test on computer. Provided further that the persons with disabilities appointed under the provisions of these rules shall be exempted from passing the typing test on computer." 8. In view of the above, learned counsel submits that the annual grade increments could only be granted from the date when the petitioner acquired qualification and the order passed by the State Government, therefore, does not require to be interfered with. 9. I have considered the submissions. 10. This Court vide order dated 22.11.2019 had stayed the operation of orders impugned as above. The matter, therefore, has come today for vacation of stay and at this stage the case was heard finally. 11. The Rules as quoted above, show that the petitioner possesses computer qualification which is diploma in Computer Application which is an alternate qualification to RSCIT and therefore, there can be no exception to the original order passed confirming the petitioner on completion of two years of probation and granting him regular pay scale. 12. 11. The Rules as quoted above, show that the petitioner possesses computer qualification which is diploma in Computer Application which is an alternate qualification to RSCIT and therefore, there can be no exception to the original order passed confirming the petitioner on completion of two years of probation and granting him regular pay scale. 12. The order impugned, therefore, cannot be sustained. Even otherwise, Rule 9 of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 as quoted above depicts that if a person subsequently also acquires a qualification, his annual grade increment shall be allowed notionally from the original date therefore, the pay scale could not have been shifted to 2017. 13. On both aspects, therefore, annual increments have to be granted from the initial date of appointment. However, in this regard, in the latter situation, the fixation would be notional till the date of acquiring the qualification. 14. In the present case, however, since the petitioner possesses original qualifications of diploma in Computer Application the authorities rightly issued orders earlier granting him the regular pay scale from 11.8.2015 i.e. on completion of probation. The orders dated 22.9.2015 and 4.6.2018, therefore, are restored and the order impugned dated 30.8.2019 and consequential orders dated 2.9.2019 and 10.10.2019 passed by the authorities are quashed and set aside. The petitioner would be entitled to regular salary accordingly. If any amount has been recovered, the same shall be restored to the petitioner. 15. The writ petition is accordingly disposed of. 16. All pending applications also stand disposed of. No costs.