The petitioner should be considered as appointed in 1992 for all purposes and should not be treated differently for the purpose of grant of Higher Super Time Scale.

ORDER :

1. The instant writ petition has been filed by the petitioner for seeking a direction to grant her Higher Super Time Pay Scale Post with effect from 01.08.2018.

2. The petitioner also feels aggrieved against the order dated 01.08.2018, as the same has not granted the benefit of Higher Super Time Scale to the petitioner in the proceedings of Departmental Promotion Committee conducted for the Vacancy year 2018-2019.

3. The facts, as pleaded in the nutshell, are that the petitioner had appeared in a competitive examination conducted by Rajasthan Public Service Commission (RPSC) for recruitment to the various State and subordinate Services. The petitioner participated and passed the main examination of which result was declared on 23.02.1992. The petitioner appeared in interview on 08.04.1992 and as such the dispute was raised by not accepting the preference given by the petitioner for a particular service at the time of interview.

4. The petitioner has pleaded that after her interview, she was placed at Serial No.34 in the General Merit and the persons, who were lower in merit, were given the call letter and the petitioner was denied the same right and as such the petitioner filed S.B.Civil Writ Petition No.6421/1992 and the same was came to be allowed by the Co-ordinate Bench of this Court vide order dated 23.05.1997.

5. This Court while deciding the petition, gave a direction that if merit of the petitioner was above the candidate, who has been offered appointment, then the petitioner should also be considered for such service.

6. The order passed by the Single Bench was put to challenge by the State of Rajasthan and Rajasthan Public Service Commission, however, the Division Bench passed the judgment on 07.12.2001 and upheld the order of the Single Bench.

7. The petitioner has pleaded that when the judgment was not complied with, she had to file a contempt petition and later on the respondents issued an order dated 13.03.2002, whereby the order issued in respect of similarly situated persons vide order dated 06.11.1992 was amended and the petitioner’s name was added in between Serial No.8 i.e. Brijesh Kumar Sharma and Serial No.9 i.e. Shri Abid Khan.

8. The petitioner has pleaded that seniority of the petitioner was assigned between aforesaid two persons and further a shadow/supernumerary post was created. The respondents decided to grant benefits to the petitioner on notional basis and actual benefits were to be given from the actual date of joining.

9. The petitioner has pleaded that after issuance of the order dated 13.03.2002 subsequently an order dated 20.12.2002 came to be issued and the petitioner was fixed in the ordinary pay scale of Rajasthan Accounts Service with effect from 07.12.1992 and her pay was fixed on notional basis with effect from 07.12.1992 till 01.09.2002 and she was fixed at the pay of Rs.9925/-.

10. The petitioner has pleaded that the respondents by an order dated 23.06.2004 granted the benefit of Senior Scale to the petitioner against the vacancies of the year 1998-1999 and she was assigned her place rightly below one Shri Brijesh Kumar Sharma and above Shri Abid Khan.

11. The petitioner has pleaded that the respondents by issuing an order dated 29.05.2013 granted the selection scale to the petitioner against the vacancies of the year 2009-10 and her name was mentioned at Serial No.2 in the order dated 17.11.2004.

12. The petitioner has pleaded that the respondents considering the service record and seniority of the petitioner also granted Super Time Scale to the petitioner against the vacancies of the year 2013-14 by an order dated 29.05.2013. The petitioner has pleaded that proper seniority was assigned to her below one Shri Brijesh Kumar Sharma and above Shri Abid Khan, as is reflected from the order dated 29.05.2013.

13. The petitioner has pleaded that the respondents issued an order dated 01.08.2018, whereby they considered cases of eligible persons for grant of Higher Super Time Scale an