The denial of pay scale benefits to petitioners after 18 years of service is unjustified; they are entitled to the pay scale of Sub-Inspector as per M.T. Cadre.

JUDGMENT :

(Pushpendra Singh Bhati, J.)

This petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

"It is, therefore, most humbly and respectfully prayed that your Lordships may kindly be pleased to allow this writ petition and by an appropriate writ, order or direction:-

(i) the order dated 10/12/2018 (Annex.10) may kindly be quashed and set aside;

(ii) the respondents may kindly be directed to revise the order dated 26/04/2016 (Annex.3) qua petitioners and the action of the respondents, in granting the petitioners second selection grade on completion of 18 years of service of the post of Assistant Sub Inspector (A.S.I.) may be directed to be treated illegal and consequently, respondents may kindly be directed to grant and release benefits of second selection grade in the grade pay of the post of Sub Inspector (S.I.) from the date of completion of 18 years of service alongwith arrears of salary with interest @ 12% p.a.;

(iii) any other appropriate writ, order or direction, which this Hon'ble Court may deem fit and appropriate in favour of the petitioner may also kindly be passed in the interest of justice; and

(iv) cost of litigation may kindly be awarded in favour of petitioner."

2. Brief facts of the case, as placed before this Court by learned counsel of the petitioners, are that the petitioners were appointed on the post of Constable A.P (Driver) in the different districts through regular selection process in the M.T. Cadre, and are presently posted under the concerned Superintendent of Police. In the year 1999, the circular dated 11.01.1999 was issued, providing that the M.Ts. will get promotional post viz., Head Constable and thereafter Sub-Inspector.

2.1 Thereafter, the scheme for grant of Selection Grade on completion of 9, 18 & 27 years of service was changed, and in its place, another scheme, namely, Assured Career Progression (A.C.P.) was brought into force. Thereafter, upon completion of 18 years of services, as per the petitioners, they became entitled for next promotional post in the cadre i.e Sub-Inspector, but such benefit was not extended to the petitioners, and the respondents have granted ACP to the petitioners in the pay scale of the post of Assistant Sub-Inspector on 26.04.2016.

2.2. The petitioners filed a representation before the respondents and also submitted a letter with a request to consider their case, and thereafter the petitioners preferred writ petition S.B.C.W.P. No. 10857/2017 (Amar Singh & Ors. v. State of Rajasthan & Ors) before this Hon'ble Court and the Hon'ble Court vide order 19.01.2018 disposed of the writ petition with a direction for consideration of their grievances by a reasoned and speaking order.

2.3. In pursuance of said order, the petitioners approached the respondents with a request to decide their case and grant them the grade of Sub-Inspector i.e. 9300-34800 G.P. 4200/-. The respondents vide order dated 10.12.2018 rejected the petitioners' representation/claim. Thus, the present petition has been preferred claiming the afore-quoted reliefs.

3. Mr. G.R. Punia, learned Senior Counsel assisted by Mr. Rajesh Punia appearing on behalf of the petitioners submitted that the petitioners are entitled for selection scale prescribed for the post of Sub-Inspector, but the respondents have wrongly granted them the ACP with the grade pay of Rs. 3600/- prescribed for the post of Assistant Sub-Inspector.

3.1. Learned Senior Counsel further submitted that the petitioners were appointed in the M.T Cadre and the avenues of promotion in the said cadre is Constable to Head Constable and then Sub-Inspector to Inspector, but despite the same, the respondents granted to the petitioners the pay scale of Assistant Sub-inspector, which is not justified in law.

3.2. Learned Senior Counsel also submitted that the controversy with regard to denial of the pay fixation applicable for the post of Sub-Inspector after completion of 18 years of service, is no lon