S.B. Civil Writ Petition No. 3945 of 2004. Case: Kamal Kishore Joshi Vs State of Raj. and Ors.. Rajasthan High Court
| Case Number | S.B. Civil Writ Petition No. 3945 of 2004 |
| Counsel | For Appellant: R.K. Bhatia, Adv. And For Respondents: Vidhyavati Bora, Assistant G.A. |
| Judges | R.P. Vyas, J. |
| Issue | Service Act |
| Citation | [2005 (107) FLR 335], RLW 2005 (4) Raj 2642, 2005 (4) WLC 397 |
| Judgement Date | July 15, 2005 |
| Court | Rajasthan High Court |
Judgment:
R.P. Vyas, J.
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The instant petition has been filed by the petitioners against the order dtd. 24.3.2004 Annex. 1 passed by the learned Rajasthan Civil Services Appellate Tribunal hereinafter referred to as 'the Tribunal'.
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The main contention of the petitioner is that the petitioner was initially appointed as LDC vide order dated 18.1.1989 and he joined the duties on 21.1.1989. Therefore, the petitioner passed the efficiency test vide order dated 4.3.1993.
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Further case of the petitioner is that the State Government issued a notification dtd. 25.1.1992 providing for grant of selection grade to the Government employees on completion of 9, 18 and 27 years of service. The petitioner was not granted 1st selection grade on completion of 9 years of service, therefore, he submitted a representation, on which the respondent No. 2 vide letter dated 6.4.1999 informed the petitioner that he has passed the efficiency test and has been confirmed on 30.3.1993. Therefore, the 1st selection grade shall be payable to him in the year 2002.
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The petitioner further submits that the similarly situated persons viz. Shri Praveen Chand Singhvi and Shri Jawad Ahmed filed.appeals before the learned Rajasthan Civil Services Appellate Tribunal for granting the benefits of selection grade, while counting their services from the date of initial appointment, which was allowed by the learned Tribunal vide order dated 26.6.2000 Annex. 10.
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When the petition was not granted the selection grade while counting the services from the initial date of appointment, he submitted an appeal before the learned Tribunal, which was dismissed by the learned Tribunal vide order dated 24.3.2004 on the ground of delay.
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The respondent No. 2 vide letter dated 17.4.2004 Annex. 16 again informed the petitioner that since the initial appointment of the petitioner was on ad hoc basis, therefore, he is not entitled to get selection grade from the date of his initial appointment.
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The learned Counsel for the petitioner submits that learned Tribunal has committed serious error in rejecting the appeal filed by the petitioner on the ground of delay as denial of selection grade to the petitioner from the date of his initial appointment is a recurring cause of action as the petitioner is denied of the benefit of grant of selection grade every month on receipt of the lower salary. If he had been granted selection grade while counting his services from the date of initial appointment...
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