Ram Lal Maneria and Others vs State of Rajasthan and Others

Sandeep Mehta, J.

Separate applications mentioned above for early hearing and final disposal of the writ petitions have been preferred on behalf of the petitioners.

With the consent of both the learned counsel for the parties, the matters are heard and are being decided finally today itself.

The petitioners are all employees of the respondent Agriculture Department of the Government of Rajasthan. They have approached this Court by way of the instant writ petitions assailing the legality and validity of the letter (Annex. 7) dated 3.9.1998 and the circular (Annex. 9) dated 12.10.1998 and also to declare the petitioners eligible for promotion to the post of Assistant Agriculture Officers.

The Government of Rajasthan issued a notification dated 20.4.1977 whereby, the posts of Fieldman, Garden Supervisor, Grape Pruner, Village Extension Worker and Field Assistant in the Agriculture Department were redesignated as Agriculture Supervisor in the pay scale No. 7. The Director of Agriculture issued an order dated 18.6.1980, whereby pay scale No. 7 was granted to the Agriculture Supervisor, irrespective of their respective educational qualification.

On 25.1.1992, the State Government issued an order prescribing selection grades for its employees in the Class IV, Ministerial and Subordinate Services and those holding isolated posts. The petitioners herein were all granted the benefit of selection grades in pursuance of the said circular on different dates upon completing the terms of 9, 18 or 27 years of requisite service as applicable individually to the respective petitioners.

An order dated 20.4.1998 was issued by the Principal Secretary, Finance Department, Government of Rajasthan providing that, for the Agriculture Supervisors, the first selection grade would be in the pay band of Rs. 5500-9000. In pursuance of the said order, the Director Agriculture Rajasthan issued a circular dated 23.5.1998 for making necessary fixation of the Agriculture Supervisors in the appropriate selection pay grade. On 3.9.1998, the Principal Secretary, Finance Department issued a letter (Annex. 7) stipulating that only those Agriculture Supervisors, who were possessing the academic qualification prescribed for promotion to the post of Assistant Agriculture Officer, would be eligible for first selection grade of the next promotional pay scale i.e. 5500-9000. A consequential circular (Annex. 9) was issued by the State Government for carrying out the directions given in the letter (Annex. 7) dated 3.9.1998. The letter dated 3.9.1998 and the circular dated 12.10.1998 are reproduced hereinbelow for the sake of ready reference:--

FINANCE DEPARTMENT (RULES DIVISION)

FROM: The principal Secretary

To: The Director, Agriculture Department, Rajasthan, Jaipur.

No. F. 16(2)FD(Rules)98-Pt.I Jaipur, dated: 3/9/98

Subject: Grant of selection grades to Agriculture Supervisor.

Sir,

I am directed to refer to your letter No. F.2() Admn./DAg./3650 dated 24.7.98 and No. F.2() Adm/DAg./3854 dated 30.7.98 on the subject noted above and to invite your kind attention towards the provisions contained in para 4(i) of Order No. F.16(2) FD (Rules)/89 dated 17-2-1998 in this regard. According to these provisions first selection grade shall be the pay scale of the next promotion post in the same service/cadre provided that employee possesses academic qualifications prescribed for promotion in respect of that post and in case he does not possess academic qualifications prescribed for promotion in respect of that post, the selection grade shall be the pay scale corresponding to his existing pay scale (pay scale of the post held) as specified in paragraph 5.

The prescribed pay scale of the post of Agriculture Supervisor is 3050-4590. The first promotion post of Agriculture Supervisor is in the same service as Assistant Agriculture Officer carrying pay scale of 5500-9000. Hence, Agriculture Supervisor possessing academic qualifications prescribed for promotion to the post of Assistant Agriculture Officer are eligible for first selection grade of the next promotion post of Assistant Agriculture Officer i.e. 5500-9000 irrespective of the fact whether they possess requisite period of experience prescribed for promotion or not.

The Agriculture Supervisors who do not possess academic qualifications prescribed for promotion to the post of Assistant Agriculture Officer are eligible for first, second and third selection grades as specified in para 5 of order dated 17-2-1998.

Yours faithfully,

Vinod Pandya) Deputy Secretary to Government."

Numerous writ petitions were preferred in this Court against the said letter and by a judgment dated 24.5.2005 passed in S.B. Civil Writ Petition No. 1841/1999 "Bajrang Singh Rathore and Ors. v. State of Rajasthan and Anr." and S.B. Civil Writ Petition No. 118/1999 "Krishi Parvavekshak and Sahayak Krishi Adhikari Sangh v. State of Rajasthan and Anr.", this Court held that the circular dated 3.9.1998 could not be given effect retrospectively and the benefits accrued to the Agriculture Supervisors prior to the issuance of the said circular could not be taken away. This Court further held that the respective petitioners were granted first selection grade and their pay was fixed in the pay of Assistant Agriculture Officer as they were eligible for promotion on the post at that time. It was further held that the rules as they stood at the relevant point of time did not provide for any academic qualification for promotion to the post of Assistant Agriculture Officer. This Court after considering the import of the letter dated 3.9.1998 and circular dated 12.10.1998, held that by the retrospective effect of the impugned notification dated 3.9.1998 and circular dated 12.10.1998, the secured and vested rights of the petitioners had been taken away from an antedate. It was also held that the benefit of selection grade granted to government employees under the existing set of rules could not have been taken away by an amendment having retrospective effect and no statutory rule or administrative order could be permitted to whittle down or destroy any right which had crystalised and no rule could be framed under the proviso to Rule 309 of the Constitution of India, which impairs the vested right. The Court declared that the act of the respondents in issuing the impugned notifications retrospectively, which had the effect of taking away the benefit already availed by the government employees under the existing rules was arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India and accordingly, the circulars were quashed.

The judgment rendered by the learned Single Bench of this Court in the case of Bajrang Singh was carried by the State to the Hon''ble Division Bench by filing separate Special Appeals led by D.B. Civil Special Appeal (Writ) No. 463/2005. The Special Appeals were dismissed by Hon''ble Division Bench by order dated 30.4.2014 and the order passed by the learned Single Judge was affirmed. Subsequent thereto, the respondents have applied the judgments and have given benefits thereof to a large number of employees placed similarly as the petitioners.

Viewed in light of the above judgments, it is manifest that the controversy in the writ petitions at hand is squarely covered by the aforesaid judgment and this fact is also not disputed by the learned counsel for the respondents.

In this background, the writ petitions deserve to be accepted and are hereby allowed. The impugned letter dated 3.9.1998 and the circular dated 12.10.1998 are quashed and set aside qua the petitioners and the respondents are directed to allow the selection grades to the petitioners as per the circular dated 23.5.1998. The monetary benefits flowing to the petitioners from the above directions shall be paid within a period of three months from the date of this order failing which the accrued amount shall carry interest @ 9% per annum.

The applications for early hearing also stand disposed of.

No order as to costs.

A copy of this order be placed in each file.