Narendra Singh S/o Shri Jai Singh v. State of Rajasthan
2025-09-10
REKHA BORANA
body2025
DigiLaw.ai
ORDER : REKHA BORANA, J. 1. The present matter has been listed in the category of ‘Oldest Cases for Early Disposal’. 2. The present writ petition has been filed with a prayer that the selection grade as granted to the petitioner on completion of 18 years of service i.e. the grade of 5500-9000 be revised to the selection grade of 6500-10500. 3. The case of the petitioner is that he was appointed as Mechanical Grade–II vide appointment order dated 27.02.1980. Subsequently, as he could not be promoted on the post of Mechanical Grade-I, after completion of 9 years of service, he was awarded the selection grade qua the said post i.e. he was awarded the selection grade of 1400-2600 as is payable to Mechanical Grade-I. 4. Admittedly, the promotional post of Mechanical Grade-I was Chargeman and that of a Chargeman as well as Mechanical Grade- I was Workshop Supervisor. However, the post of Chargeman was abolished vide notification/order dated 07.01.1989 and that of Workshop Supervisor was declared to be a dying cadre vide notification dated 10.01.1990. 5. The petitioner being eligible after 18 years of service, was granted the selection grade of 1640-2900 (revised to 5500-9000). However, the case of the petitioner is that he was entitled to the selection grade of 2000-3200 (revised to 6500-10500) which was the grade pay of the post of Workshop Supervisor. 6. Counsel for the petitioner submits that although the post of Workman Supervisor had been declared to be a dying cadre, but the said post did exist and was not abolished. Admittedly, the promotional post of Mechanical Grade-I was Workshop Supervisor and the said post being existing, the petitioner was entitled to the selection grade as payable to a Workshop Supervisor. 7. Per contra counsel for the respondents submitted that the abolition of the post of Chargeman is admitted and that of the post of Workman Supervisor been declared to be a dying cadre is also proved on record. 8. In view of the same, the post of Mechanical Grade-I was clearly an isolated post and hence, Clause 5 of order dated 21.01.1992 would apply. As per the said Clause, the petitioner was entitled for the selection grade of 1640-2900 (revised to 5500-9000), which had been granted to him. Subsequently, on the petitioner having completed 27 years of service, he was granted the next selection grade of 2000-3200 (revised pay scale of 6500-10500).
As per the said Clause, the petitioner was entitled for the selection grade of 1640-2900 (revised to 5500-9000), which had been granted to him. Subsequently, on the petitioner having completed 27 years of service, he was granted the next selection grade of 2000-3200 (revised pay scale of 6500-10500). 9. Counsel therefore submits that the selection grade granted to the petitioner being in consonance with order dated 25.01.1992 does not deserve any interference. 10. Heard the counsels. Perused the record. 11. Clause 5 of order dated 25.01.1992 reads as under:- “5. In case there is no post for first, second or third promotion, as the case may be, in the same service / cadre or the employee does not possess acadamic qualifications prescribed for promotion and in respect of the isolated posts , the Selection Grades shall be as specified below:- S.No. Existing Pay Scale Selection Grade 1. 750-940 (1) 775-1025 (2) 2. 775-1025 (2) 800-1250 (3) 3. 800-1250 (3) 825-1350 (4) 4. 825-1350 (4) 950-1680(6) 5. 910-1520 (5) 975-1720 (7) 6. 950-1680 (6) 1200-2050 (9) 7. 975-1720 (7) 1200-2050 (9) 8. 1025-1800 (8) 1400-2300 (10) 9. 1200-2050 (9) 1400-2600 (12) 10. 1400-2300 (10) (i) in those cases where next promotion post is in a State service – 2000-3200 (14) (ii) in other cases – 1640- 2900 (13) 11. 1400-2360 (11) 12. 1400-2600 (12) 13. 1460-2900 (13) 2000-3200 (14) 14 2000-3200 (14) 2000-3500 (15) 15. 2000-3500 (15) 2200-4000 (16) Note- If an incumbent of the isolated post or a person not possessing academic qualifications prescribed for promotion has been granted Selection Grade before issue of this order and such selection grade is higher than that indicated in this paragraph, he will continue to draw pay in such selection grade as personal to him but the second or third selection grades shall be determined with reference to the first or second selection grade which would have been admissible in term of this paragraph. $[Exception – The second Selection Grade of the post of Junior Engineer of all departments shall be 2200-4000 (16).]” 12. It is not in dispute that the selection grades are being granted to the Government employees in pursuance to order dated 25.01.1992 issued by the State Government. The purpose and intent of the said order was to grant financial upgradation to the employees where the eligible promotion cannot be granted to them. 13.
It is not in dispute that the selection grades are being granted to the Government employees in pursuance to order dated 25.01.1992 issued by the State Government. The purpose and intent of the said order was to grant financial upgradation to the employees where the eligible promotion cannot be granted to them. 13. A bare perusal of Clause 5 of order dated 25.01.1992 as reproduced above reflects that the said Clause takes care of those cases where no promotional post is available. As per the said Clause, in such cases, the selection grades as mentioned therein are payable to an employee. As is clear on record, the promotional post of the petitioner had been declared to be a dying cadre in the year 1990 itself i.e. prior to order dated 25.01.1992 having come into existence. Vide notification dated 10.01.1990, it was notified that no fresh recruitment/promotion to the post of Workshop Supervisor shall be made. Meaning thereby, on the completion of 18 years of service of the petitioner, his promotional post was not available. In the said circumstances, definitely Clause 5 would come into play. 14. As per Item no.10 of Clause 5, selection grade for the existing pay scale of 1400-2600 was 2000-3200 in the case of State service and 1640-2900 in other cases. Admittedly, the petitioner was governed by the Ministerial services and hence, was entitled for the selection grade of 1640-2900 (revised pay scale of 5500-9000). The said grade having been granted to the petitioner on completion of 18 years of service, in the specific opinion of this Court, was totally correct and in consonance with order dated 25.01.1992. 15. No case for interference is made out. 16. The writ petition is dismissed. 17. Stay petition and pending application, if any, stand disposed of.