Employees must receive selection grade benefits based on their actual length of service from the date of initial appointment, in accordance with governmental policy.

Order :

FARJAND ALI, J.

1. The matter comes upon an application seeking early hearing of the case.

2. For the reasons and grounds mentioned in the application, the same is allowed.

3. In view of the consent of the learned counsel for the parties and keeping in consideration the trivial nature of the issue involved, the matter has been heard today itself.

4. Heard learned counsel for the parties and gone through the averments made in the writ petition as well as the reply thereto, along with the documents annexed with the pleadings.

5. It is averred in the writ petition that the petitioner, after due selection, was initially appointed on the post of Teacher Grade–III vide order dated 24.10.1988 issued by the Development Officer, Panchayat Samiti, Bikaner, and was posted at Government Primary School, Meghasar, District Bikaner. Documents showing her name in the selection list have been annexed with the writ petition, and the said fact remains uncontroverted.

5.1 The petitioner joined her duties on 05.11.1988 under the command and control of the respondent department and, ever since, has been discharging her duties with due diligence and sincerity. It is further pleaded that throughout her service tenure, no complaint whatsoever was made regarding her work efficiency or conduct.

5.2 Vide order dated 07.11.1997 (Annexure–3), issued by the Development Officer, Panchayat Samiti, Bikaner, upon successful completion of the probation period, the services of the petitioner were regularized with effect from her initial date of appointment, i.e., 05.11.1988. A perusal of Annexure–3 reveals the said fact, which remained neither disputed nor denied during the course of arguments.

6. The cause of action for the present petition arises from the denial of selection grade benefits to the petitioner on completion of 9, 18, and 27 years of service. The State Government, with a view to remove the financial stagnation of its employees, issued a circular dated 25.01.1992 directing that benefits of selection grades upon completion of 9, 18, and 27 years of service be extended to members of subordinate and Class IV services and other similarly placed categories. It was further resolved therein that where there exists no promotional post, the selection scale shall be granted in the next higher pay scale corresponding to the next promotional post.

7. The grievance of the petitioner is that though her services were regularized with effect from 05.11.1988, she became entitled to the first and second selection grades in the years 1997 and 2006 respectively. However, despite satisfactory service, the respondents failed to grant such benefits from the date of her initial appointment, and no cogent reason was ever assigned for such denial. Aggrieved thereby, the petitioner preferred a writ petition before this Court being S.B. Civil Writ Petition No. 3733/2009 (Meena Wadhwani Vs. State of Rajasthan & Ors.), which came to be allowed vide order dated 10.05.2013 with certain directions. For ready referece, the order dated 10.05.2013 is reproduced herein below:-

1. These writ petitions involving common questions of facts and law, were heard together and are being disposed of by this common order.

2. By way of these writ petitions, the petitioners holding the post of Teacher in the schools run by various Panchayat Samitees of Bikaner district, are seeking directions to the respondents to release the benefits of Second Selection Grade to them, in terms of Government order dated 25.1.92 on completion of 18 years of service.

3. The petitioners were appointed on the post of Teacher vide different orders issued by Vikas Adhikari of Panchayat Samiti concerned In the pay scale of Rs.880-1600 on temporary basis for a period of six months or till the regularly selected candidates are ma