Bhura Ram Saharan and Others vs State of Rajasthan and Others

Sangeet Raj Lodha, J.—By way of this writ petition, the petitioners employed as Teacher Gr. III in the Department of Education, Govt. of Rajasthan, are seeking directions to the respondents to release the benefits of Second Selection Grade to them on completion of 18 years of service from the date of their initial appointment. The petitioners were appointed on the post Teacher Gr. III vide orders dt. 8.8.1988, pursuant thereto they joined their duties on different dates prior to 12.8.1988, a directed. After screening by the District Establishment Committee of Zila Parishad, Hanumangarh in its meeting held on 14.10.1997, vide order dt. 18.10.1997, the petitioners'' services were regularized with effect from the date of their initial appointment.

On completion of 9 years of satisfactory service, vide order dt. 3.3.99, the petitioners were granted First Selection Grade in terms of Government order dt. 25.1.1992 providing for grant of Selection Grades to the employees in class IV, Ministerial and Subordinate Services and those holding isolated.

On completion of 18 years of service in the year 2006, the petitioners became entitled for grant of Second Section Grade, however, the benefit of Second Selection Grade was granted to the petitioners with effect from 20.12.2009 considering them to be in regular service from the year 1991. Hence this petition.

Precisely, the case of the petitioners is that the petitioners were regularized in service from the date of their initial appointment and accordingly on completion of 9 years of service, they were granted First Selection Grade, however, for no justifiable reason, the Second Selection Grade for which the petitioners became entitled in the year 2006, was granted calculating the 18 years of service from the year 1991.

A reply to the writ petition has been filed or behalf of the respondents taking the stand that the State Government has issued an order dt. 29.6.2009 clarifying that the period of service rendered before regular appointment to the post in accordance with the relevant recruitment rules shall not be counted for the purpose of grant of Selection Grade in terms of Government order dt. 25.1.1992 and before, the petitioners have rightly been granted Second Selection Grade counting their services from the year 1991.

Learned counsel for the petitioners contained that the petitioners services have been regularized on the post of Teacher Gr. III from the date of their initial appointment, and therefore, they have to be treated regular employee from the date of their initial appointment. Learned counsel submitted that the date of regularization of the petitioners being not different than the date of their initial appointment, for the purpose of grant of Selection Grade in terms of the Government order dt. 5.1.1992, their entire period of service has to be counted. Learned counsel urged that taking the petitioners date of initial appointment as the date of regular apartment, the respondents have already granted First Selection Grade to the petitioners, and therefore, they cannot be denied Second Selection Grade on the premise that their services prior to the year 1991 shall not be counted.

On the other hand, learned counsel appearing for the respondents reiterating the stand taken in the reply to the writ petition as aforesaid, submitted that the regularization of the petitioners services was preceded by temporary service on adhoc basis and therefore, their services prior to the passing of the order regularising their services cannot be counted for the purpose of grant of Selection Grade in terms of the government order dt. 25.1.1992. Learned counsel submitted that the controversy involved in the instant writ petition stands covered by a decision of the Hon''ble Supreme Court in the matter of State of Rajasthan & Ors. vs. Jagdish Naran Chaturvedi, (Civil Appeal No. 3620/09 and other connected SLPs) preferred by the State Government against a Larger Bench decision of this Court.

I have considered the rival submissions and perused the material on record and the decision of the Hon''ble Supreme Court in Jagdish Narain Chaturvedi''s case (supra).

In view of the Hon''ble Supreme Court in Jagdish Narain Chaturvedi''s case (supra) and other earlier decisions, there remains no quarrel with the preposition that for the purpose of grant of Selection Grade, the services rendered by an employee on ad hoc basis before regular appointment to the post in accordance with the relevant recruitment rules, has to be excluded, while reckoning the required length of service. But then, in the instant case, indisputably, the petitioner have been regularised in service on the post of Teacher Gr. III pursuant to the decision of the competent authority from the date of their initial appointment. It is not in dispute that for all intent and purposes the petitioners have been treated to be regular employees, from the date of their initial appointment and for this reason, on completion of 9 years of services, they have already been granted First Selection Grade in terms of Government order dt. 25.1.1992 taking the date of their initial appointment as the date of their regular appointment. Once, the respondents have regularised the services of the petitioners from the date of their initial appointment, the same has to be treated to be the date of their regular appointment for reckoning the required length of service for the purpose of grant of Selection Grades in terms of the Government order dt. 25.1.1992. In this view of the matter, the decision of the Hon''ble Supreme Court in Jagdish Narain Chaturvedi''s case (supra) cannot be applied to the facts of the present case, and the Government order dt. 29.6.09 issued pursuant thereto, cannot militate against the right of the petitioners to claim Second Section Grade in terms of the Government order dt. 25.1.1992 on completion of 18 years of service to be reckoned from the date of their initial appointment. In the result, the writ petition is allowed. The respondents are directed to consider the petitioners candidature for grant of Second Selection Grade in terms of Government order dt. 25.1.1992 while reckoning the required length of service from the date of their initial appointment which has been taken to be the date of their regular appointment in service The entire exercise pursuant to this order shall be completed by the respondents within a period of three mouths from the date of receipt of certified copy of this order. No order as to costs.