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2017 Supreme(Raj) 192
IN THE HIGH COURT OF RAJASTHAN AT JODHPUR BENCH
Pushpendra Singh Bhati, J.
Rampal Singh and Others – Appellants
Versus
State of Rajasthan and Others – Respondents
Civil Writ Petition Nos. 5038 of 2014, 3935 of 2015, 1047 of 2016
Decided On : 18-01-2017
For the Appellant : Varsha Bissa.
For the Respondents: Digvijay Singh, D.S. Beniwal, Mukesh Rajpurohit and I.R. Choudhary.
Important Point—Lawful promotion cannot be denied to employees.
Headnote:Service Law—Pay Scale—Claim for UGC pay scale—Petitioners were entitled for their lawful promotion on post of Senior Technical Assistant and same has been granted on 19.02.2005, 01.04.1997 and 06.10.2006 respectively—Respondents cannot go back from their stand and deny any benefit arising out of petitioners holding post of Senior Technical Assistant since then—If there was any anomaly in their promotion on post of Senior Technical Assistant then respondents could have taken steps to revert back or taken appropriate action therefor, however, no such action has been taken and petitioners continued on post of Senior Technical Assistant—At one stage in year 2012 the respondents themselves took resolution, finding petitioners entitled for grant of UGC grade—As per Rules petitioners were entitled to hold post of Senior Technical Assistant at the time when promotion on post was granted to them—Petitioners who were qualified, eligible and consciously granted promotion to post of Senior Technical Assistant on 19.02.2005, 01.04.1997 and 06.10.2006 respectively are entitled for all benefits of UGC Pay Scale from date of such promotion on the post.
Result—Writ Petitions allowed.
Pushpendra Singh Bhati, J.
1. The petitioners have preferred these writ petition making following prayers:
W.P. No. 5038/2014 (Rampal Singh)
"(i) The record of the case may be called for and by an appropriate order or direction the impugned order dated 24.5.2014 (Anx. 13) may kindly be quashed and the respondents may kindly be directed to grant all the consequential benefits according to the UGC pay scale rules with effect from date of eligibility in the case of the petitioner afresh with interest of 6% as done in other cases etc. Any other benefit which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
(ii) If during the pendency of the petition any order in pursuance to impugned order Anx. 13 issued, the same may also be quashed and set aside, and meanwhile the petitioner may be granted salary as per UGC pay scales as given earlier in February 2014.
(iii) During the pendency of the petition the effect and operation of the impugned order Anx. 13 dated 24.5.2014 may kindly be stayed.
(iv) The petition may be allowed with costs."
W.P. No. 3935/2015 (Shakuntala Kewalia)
"(i) The record of the case may be called for and by an appropriate order or direction the impugned inaction of the respondents in pursuance to the petitioner of not granting benefits with effect from date of eligibility may kindly be criticized and the respondents may kindly be directed to grant all the consequential benefits according to the UGC pay scale rules with effect from date of eligibility afresh with interest of 6% as done in other cases etc. Any other benefit which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
(ii) If during the pendency of the petition any order in pursuance to impugned inaction issued denying the grant of said benefit to the petitioner, the same may also be quashed and set aside, and meanwhile the petitioner may be granted the said benefit provisionally and revision in pension and pensionary benefits thereon as per UGC pay scales.
(iii) The petition may be allowed with costs."
W.P. No. 1047/2016 (Gauri Shanker Vyas)
"(i) The record of the case may be called for and by an appropriate order or direction the impugned action of the respondents in pursuance of impugned orders dated 2.2.2015 & 20.8.2015 (Annx. 11) to the extent of granting benefits with effect from date of eligibility may kindly be criticized and the respondents may kindly be directed to grant all the consequential benefits according to the UGC pay scale rules with effect from date of eligibility in the case of the petitioner afresh with interest of 6% as done in other cases etc. Any other benefit which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
(ii) If during the pendency of the petition any order in pursuance to impugned orders issued, the same may also be quashed and set aside, and meanwhile the petitioner may be granted salary as per UGC pay scales as given fixed vide order dated 26.2.2014 (Annx. 4).
(iii) The petition may be allowed with costs."
2. Facts as noticed by this Court in these writ petitions are that the petitioner Rampal Singh was working on the post of Library Assistant since 01.07.1988 with the respondent-University. He was given first promotion on the post of Junior Technical Assistant and then second promotion was accorded to him on the post of Senior Technical Assistant on 19.02.2005.
3. Petitioner Shakuntala Kewalia was initially appointed on the post of Library Assistant on 20.12.1983. Her first promotion was on the post of Junior Technical Assistant and she was accorded second promotion to the post of Senior Technical Assistant on 17.8.1994 on ad hoc basis, which was confirmed on 01.04.1997.
4. Petitioner Gauri Shanker Vyas, who was initially appointed as Library Assistant on 01.07.1988,
