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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Mr. Akil Kureshi, Uma Shanker Vyas, JJ.
State of Rajasthan & Ors. - Appellants
Versus
Hari Narain Sharma - Respondent
D.B. Special Appeal Writ No. 386 of 2020
Decided On : 14-12-2021
Employment - Stenographer Pay Scale - Rajasthan Civil Services (Revised Pay Scales) Rules - The court interpreted the provisions of the Rajasthan Civil Services (Revised Pay Scales) Rules, focusing on the eligibility criteria for additional increments and the implications of subsequent notifications on pay fixation.
Fact of the Case:
The petitioner, a stenographer, was granted two additional increments based on a notification from 1990. The State later withdrew these increments, claiming the petitioner did not meet the conditions of a subsequent notification. The petitioner challenged this withdrawal in court.
Finding of the Court:
The court found that the petitioner did not fulfill the conditions for the additional increments as per the second notification and upheld the government's decision to withdraw the increments. However, it ruled that recovery of past payments was not permissible.
Issues: Whether the petitioner was entitled to the additional increments based on the notifications and whether the government could recover past payments after the withdrawal of these increments.
Ratio Decidendi: The court held that the petitioner could not claim benefits under the first notification without meeting the conditions set forth in the second notification, which superseded the earlier rules.
Result: The appeal was disposed of, upholding the withdrawal of increments but prohibiting recovery of past salary payments.
ORDER
1. This appeal is filed by the State Government to challenge the judgment of the learned Single Judge dated 14.11.2019 in Civil Writ Petition No.8459/2002. Brief facts are as under:-
2. Respondent-original petitioner was working as stenographer in the State service. The State Government issued a notification on 16.04.1990 (hereinafter to be referred as 'the first notification') promulgating Rajasthan Civil Services (Revised Pay Scales) Rules, 1990. By virtue of these rules, the Rajasthan Civil Services (Revised Pay-Scales) Rules, 1987 came to be amended. One of the amendments pertains to the Stenographers where the pay scale was Rs.1140-2250. This amended rule also envisaged grant of two additional increments to the stenographers subject to certain conditions relevant portion of which reads as under:-
| (a) Stenographer 1140-2250(11) | (i)?????.. (ii) Persons holding the post of Stenographer/Personal Assistant/Sr. Personal Assistant/Private Secretary as on 1.4.1987 and who were appointed to the post of Stenographer on (a) Passing qualifying tests both in Hindi & English Stenography and typing conducted by the Rajasthan Public Service Commission or (b) passing qualifying test either in Hindi or English Stenography and typing conducted by the Rajasthan Public Service Commission and have passed one of the Courses/tests of Stenography and typing in second language (Hindi or English only), of the Courses/tests enumerated in the Note given below or?? (4) have undergone the Course/Training, as the case may be, of eight months duration in Stenography conducted by the Bhasha Vibhag or O&M Department (now Administrative Reforms Department). |
3. These amendments were given effect from 01.04.1987. As per this notification thus the stenographer will be granted two additional increments if he has successfully undergone a course/training of eight months duration in stenography conducted by Bhasha Vibhag or O & M Department. The petitioner was sent for such training on 01.05.1990 and completed the training on 31.12.1990. Certificate of having passed the training was issued on 15.02.1991.
4. In quick succession of the first notification, the State Government issued a new notification dated 18.05.1990 (hereinafter to be referred to as 'the second notification') under which the Rajasthan Civil Services (Revised Pay Scales) (Forty sixth Amendment) Rules, 1990 were promulgated. The amendment took effect from 01.09.1988. The stenographers were placed in the pay scale of Rs.1400-2300. Regarding grant of two increments these rules envisaged as under:-
| (a) Stenographer 1400-2300 (10) | (i)?????. (ii) Persons holding the post of Stenographer/Personal Assistant/Senior Personal Assistant/Private Secretary or who maybe appointed to these posts on passing qualifying tests either in Hindi or English Stenography and typing, conducted by Rajasthan Public Service Commission shall be granted two advance increments with effect from the date they pass qualifying test of Stenography and typing test in the second language (Hindi or English only) conducted by the Rajasthan Public Service Commission. Note:- Advance increments as above shall be granted only once in the entire service. |
5. The petitioner was granted the increments by an order dated 15.05.1991 in terms of the first notification dated 16.04.1990.
6. On 08.11.2002 the State Government issued an order communicating to the petitioner that the action of grant of two increments was erroneous since the petitioner did not fulfill the conditions of the second notification dated 18.05.1990. As per this notification the petitioner had to pass the test that may be conducted by the Department. The increments granted are therefore required to be withdrawn with consequential effect.
7. The petitioner thereupon approached the High Court by filing the above mentioned petition and in which the Court stayed the said communication dated 08.11.2002. The p
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The court's decision was influenced by the principle of allowing the government to reconsider the issue and refraining from making further recoveries until a fresh decision is taken.
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