Selection grade is not applicable to work-charged employees under the Rajasthan Public Works Department (B&R) Including Gardens, Irrigation, Water Works and Ayurvedic Departments Work-Charged Employees Rules, 1964.

1. - The petitioner was initially appointed as Driver on 11.8.64 in the work-charge establishment. The respondent-State has decided to give regular pay-scale to the work-charged employees who have completed 10 years of service and to fix their pay-scale in the pay-scales of 1976. In pursuance of the decision taken by the State, the petitioner's services were regularised on the post of Driver on his completion of 10 years of service vide order dated 18.6.91. Later on, by order dated 23.4,92, the petitioner was given selection-grade and fixed in the pay-scale of Rs. 1,200-2,050 with effect from 1.9.1988 and a sum of Rs. 5,964/- was paid to him by way of arrears. On 4.5.1992, an order has been issued by the Additional Chief Engineer, Public Works, Department, Bikaner Region, Bikaner withdrawing the order dated 23.4.92 whereby the petitioner was given the selection grade and amount of arrears was paid to him. It is said in the order that the matter regarding sanction of selection-grade in the pay scale of Rs. 1,200-2,050 to the work-charged cadre is under consideration and selection-grade was wrongly given to the petitioner. The authority directed that in case payment had already been made to the petitioner recovery thereof be effected in suitable instalments. In consequence of the withdrawal of the order dated 23.4.92, respondent No. 3 Assistant Engineer, Public Works Department, Bikaner, vide his order dated 12.5.92 directed recovery of Rs. 5,964/- in monthly instalments of Rs. 600/- each. In this petition, the petitioner has challenged the order of withdrawal of selection-grade and the subsequent order of recovery of the amount paid to him.

2. According to the respondents, the selection grade was given to the petitioner by order dated 24.4.92 erroneously as no selection-grade was sanctioned for the work-charge cadre to which the petitioner belonged and the matter is only under consideration. As no selection-grade is applicable nor sanctioned to the work-charged employees of the State Government, when the mistake was detected the order giving selection-grade to the petitioner had to be withdrawn and, as a consequence thereof, the order of recovery of the amount already paid to the petitioner by way of arrears was passed.

3. Rules have been framed under Article 309 of the Constitution of India for regulating the recruitment and conditions of service of the work-charged employees of the Public works Department (B&R) and the Rules include the Departments of Gardens, Irrigation, Water-Works and Ayurvedic. The rules are called the Rajasthan Public Works Department (B&R) including Gardens, Irrigation, Water Works and Ayurvedic Departments Work-charged Employees Rules, 1964 (in short, to be called the Rules of 1964). Under Rule 3 of the Rules of 1964, the work-charged employees are divided into three categories viz., (i) permanent status, (ii) semi-permanent status, and (iii) casual. Sub-rule (2) of Rules 3 lays down that the employee who is in service for 10 years or more shall be eligible to the status of permanent work-charged employee provided his record of service in the opinion of the competent authority is satisfactory. The employee who is in continuous service for two or more years is eligible for the grant of semi-permanent status provided his record of service in the opinion of the competent authority is satisfactory. Proviso to Rule 3 of the Rules of 1964 specifies that nothing in the rules shall entitle a work-charged employee categorised permanent or semi-permanent to claim the status and benefits of permanency or semi-permanency to which the regular employees of the State Government are entitled under the Rajasthan Service Rules.

4. Admittedly, the petitioner has been assigned the status of a permanent workcharged employee and the effect of declaring the petitioner as permanent carries with it certain benefits such as he shall be given the pay-scale as provided under Rule 12 of the Rules of 1964, he will be entitled