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2015 Supreme(Raj) 295
IN THE HIGH COURT OF JUDICATURE FOR RAJASHAN AT JAIPUR BENCH, JAIPUR
SUNIL AMBWANI & VEERENDR SINGH SIRADHANA, JJ.
Narain Swarup Sharma – Appellant
Vs.
State of Rajasthan & Anr. – Respondents
CIVIL SPECIAL APPEAL (WRIT) NO. 453/2006
Decided On : 16.04.2015
Advocate Appeared:
Mr. Rajendra Prasad Sharma for the appellant
Mr. Dharamveer Tholia, Additional Advocate General with Mr. Rajan Prajapati, Mr. Varun Choudhary, Mr. Sumit Teterwal & Mr. Himanshu Tholia for the State-respondents
The date of first appointment, for the purpose of calculating the selection grade period, is the date of issuance of the appointment order and not the date of joining.
Headnote:
SERVICE - SELECTION GRADE - CALCULATION OF PERIOD - DATE OF FIRST APPOINTMENT - MEANING - GOVERNMENT ORDER DATED 25.01.1992, PARA 3.
Fact of the Case:
The petitioner, a Printer Grade-II, challenged the denial of selection grade after completing 9 years of service. The petitioner was initially appointed on 25.02.1997, but a subsequent order dated 27.08.1998 modified the appointment date to 06.02.1996, in compliance with a court order granting notional pay and seniority from that date. The petitioner argued that the selection grade should be counted from 06.02.1996, while the State contended that it should be counted from the date of joining, which was 25.02.1997.
Finding of the Court:
The court held that the first appointment, for the purpose of calculating the selection grade period, means the issuance of the appointment order and not the date of joining. The court relied on the Government Order dated 25.01.1992, para 3, which states that the service of 9, 18 & 27 years, for the purpose of selection grades, is to be counted from the date of first appointment in the existing cadre/service, in accordance with the provisions contained in the recruitment Rules.
Issues: 1. Whether the date of first appointment for calculating the selection grade period is the date of issuance of the appointment order or the date of joining? 2. Whether the petitioner is entitled to count the selection grade period from 06.02.1996, the date of the modified appointment order?
Ratio Decidendi: The court interpreted the Government Order dated 25.01.1992, para 3, to mean that the first appointment is the date of issuance of the appointment order and not the date of joining. The court reasoned that there is a difference between the terms 'appointment' and 'joining' and that the date of joining does not shift the date of appointment.
Final Decision: The court allowed the Special Appeal, set aside the judgment of the Single Judge, and directed the respondents to count the period of selection grade for the petitioner from the date of the first appointment, i.e., 06.02.1996. All consequential benefits were to be given to the petitioner accordingly.
1. We have heard learned counsel appearing for the appellant and Shri Dharamveer Tholia, Additional Advocate General for the State-respondents.
2. This Special Appeal arises out of the judgment of learned Single Judge dated 07.04.2006, in which a grievance raised with regard to counting the period of service, for grant of selection scale, held that 9 years' period for the first selection grade.
3. The representation filed by the appellant dated 18.03.2005 was disposed of on 07.03.2006, on the premise that he had not completed 9 years of service. Learned Single Judge was of the opinion that since during the pendency of the writ petition, the petitioner had completed 9 years of service, he will be free to make a fresh representation to the competent authority, who may consider and dispose of the same within two months.
4. It is admitted that the fresh representation was not filed, and that, this Special Appeal was preferred, on the ground that learned Single Judge ought to have decided the matter on merits, on the facts before him, as the petitioner's claim was rejected on the earlier representation.
5. It is submitted that the fresh representation would not have served the purpose, as by order dated 07.03.2006, his earlier representation was disposed of, on the premise that he had not completed 9 years of service.
6. A writ petition filed by the petitioner being S.B. Civil Writ Petition No.970/1996 (Narain Swarup Sharma Vs. State of Rajasthan & Ors.) was decided by this Court on 13.09.1996, with the following directions:-
“Consequently, the petition is allowed. The respondents are directed to provide appointment to the petitioner on the post of Printer Grade-II w.e.f.6.2.1996. However, the petitioner shall be given notional benefits and his seniority shall be counted from 6.2.1996 but the salary shall be paid from the date he joins. The respondents are directed to issue appointment order within three weeks from the date of certified copy of order is supplied to them. Costs of the petition is made easy in the facts and circumstances of the case.”
7. The appointment order was issued, in compliance of the directions dated 13.09.1996, on 25.02.1997. The appointment order was thereafter modified by the Director, by an order dated 27.08.1998, with the stipulation that, in pursuance to the judgment of the Court dated 13.09.1996, the date of appointment is fixed 06.02.1996 for benefit of notional pay and seniority.
8. It is submitted that with the subsequent order dated 27.08.1998, the date of appointment of the petitioner was shifted back to 06.02.1996, in accordance with the directions of the Court, and thus, the denial of the selection grade, on completion of 9 years of service on 07.02.2005, was illegal and arbitrary. Learned Single Judge, on the facts placed before him, ought to have given relief to the petitioner, on the admitted facts, instead of asking him to make a fresh representation.
9. Para 2 & 3 of the order dated 25.01.1992 issued by the State Government, for calculating the period of 9, 18 & 27 years, for grant of selection scales, provide as follows :-
“2. (i) The first selection Grade shall be granted from the day following the day on which one completes service of nine years, provided that the employee has not got one promotion earlier as is available in his existing cadre.
(ii) The Second Selection Grade shall be granted from the day following the day on which one completes service of eighteen years, provided that the employee has not got two promotions earlier as might be available in his existing cadre and the first Selections grade granted to him was lower than the pay scale of Rs.2200-4000.
(iii) The third Selection Grade shall be granted from the day on which one completes service of twenty seven years, provided that the employee has not got three promotions earlier as first or the second Selection Grade granted to him, as the case may be, was lower than the pay scales of Rs.2200-4000.
3. The Service of
