Sita Ram Sharma vs Chief Engineer, Public Works Department, Rajasthan and Others

Mohammad Rafiq, J.—Petitioner has filed this writ petition praying for a direction to respondents to grant him Pay Scale No. 9 with effect from 10.05.1985, the date on which he was initially promoted on the post of Senior Munshi, and that he may be granted difference of Pay Scale No. 7 to Pay Scale No. 9, from that date.

Shri Banwari Sharma, learned counsel for petitioner, submitted that the petitioner was initially appointed on the post of Time Keeper on 01.02.1964. Vide order dated 07.12.1984, the post of Munshi, Store Munshi and Time Keeper were upgraded to the post of Senior Munshi. By that order, the persons working in pay scale No. 7 were upgraded in pay scale No. 9 and it was also stated therein that the persons working on the posts of Munshi, Store Munshi and Time Keeper and completed 10 to 15 years of service, will be given promotion as per their seniority on the post of Senior Munshi with immediate effect. By order dated 10.05.1985, 22 persons were given upgradation on the post of Senior Munshi and their pay scale was fixed in the pay scale of 520-925. A list of candidates was also issued with that order, wherein the petitioner stood at Serial No. 22 and respondent No. 4 Brij Kishore stood at Serial No. 21, i.e. one slot above the petitioner. Aforesaid order dated 10.05.1985 was modified by corrigendum dated 11.12.1987, which mentions that as advised by the Deputy Secretary to the Government, Public Works Department, Rajasthan, Jaipur vide order dated 19.10.1987, the order dated 07.12.1984 regarding upgradation of 20% posts of Munshi, Store Munshi & Time Keeper (Pay Scale No. 7) was amended to the effect that for the words "Senior Munshi", wherever appearing, shall be substituted by the words "Supervisor (Store''s) (Pay Scale No. 9) with effect from 07.12.1984. In the list appended to that order, the respondents, apart from promoting to those who were promoted under the earlier order dated 10.05.1985, have also additional promoted four juniors to the petitioner, namely, Jagdish Kumar, Rama Kant, Uma Shankar and Ram Gopal, whose names appeared at Serial No. 23 to 26 therein.

Learned counsel for petitioner submitted that though all others including aforementioned four juniors to the petitioner, were granted Pay Scale No. 9, the benefit of that Pay Scale was denied to the petitioner on the plea that requisite period of ten years of his appointment fell short by 14 days.

As per own case of the respondent set up in the reply, the petitioner was initially appointed on the post of Helper Gr. I on 01.02.1964 and thereafter promoted on the post of Time Keeper vide order dated 24.12.1975.

It is contended by the petitioner that counting the period from the date the petitioner was promoted as Time Keeper on 24.12.1975, the petitioner would have completed ten years of service on 24.12.1985 and therefore, if not on 10.05.1985, the petitioner was entitled to be paid the benefit of Pay Scale No. 9 on the basis of promotion with effect from 25.12.1985. Specific assertion to this effect made by the petitioner in para 8 of the writ petition, has not been denied by the respondents in their reply.

Learned counsel for the respondents opposed the writ petition and submitted that a candidate would be required to work on the post of Munshi, Store Munshi and Time Keeper for more than 10 to 15 years for acquiring eligibility for promotion on the basis of seniority, on the post of Senior Munshi (Pay Scale No. 9). This is stipulated in the order dated 07.12.1984 itself that to provide one promotion avenue, 20% of the existing posts of these work-charged employees (Pay Scale No. 7), have been upgraded to that of Senior Munshi. It is further provided that on this upgradation, the persons, who have been working on the post of Munshi, Store Munshi and Time Keeper for more than 10-15 years will be given promotion as per seniority on the post of Senior Munshi (Pay Scale No. 9). Since the petitioner was not found fulfilling that condition, he was not granted that benefit.

On hearing learned counsel for the parties and perusing the material on record and various documents including the order dated 07.12.1984, it is found that though the order dated 07.12.1984 required a candidate to complete more than 10 years of service on the post of Munshi, Store Munshi and Time Keeper, all of whom were being paid in the Pay Scale No. 7, and were upgraded in Pay Scale No. 9, which is of the post of Senior Munshi, there is no reason why the petitioner should not be paid Pay Scale No. 9 at-least from the date he completed the period of ten years on the post of Time Keeper. As per the own case of the respondents, the petitioner was promoted as Time Keeper with effect from 24.12.1975 and, therefore, he would have completed ten years of service on 24.12.1985 on the post of Time Keeper. Specific assertion of petitioner made in para 8 of the writ petition that his juniors were granted such benefits earlier than the petitioner, has not been denied by the respondents.

In the result, the writ petition succeeds and is allowed. The respondents are directed to pay the benefit of Pay Scale No. 9 to the petitioner with effect from 25.12.1985 and grant him all other consequential benefits on that basis, together with interest thereon at the rate of 6% per annum.

Compliance of the judgment be made within three months from the date its copy is produced before the respondents.