[2025:RJ-JD:51785]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 3318/2018

Kamlesh Kumar Mathur S/o Late Murli Lal Mathur, R/o 1-C-178,

Kudi Bhagtasani Housing Board, Jodhpur.

----Petitioner

Versus

1. The State of Rajasthan through The Principal Secretary,

Public Health And Engineering Department, Government

of Rajasthan, Jaipur.

2. The Chief Engineer Rural, Public Health And Engineering

Department, Rajasthan, Jaipur.

3. The Chief Engineer, Public Health And Engineering

Department, District, Jodhpur.

----Respondents

For Petitioner(s) : Mr. Priyanshu Gopa For Respondent(s) : Mr. P.S. Chundawat

HON'BLE MS. JUSTICE REKHA BORANA

Order

01/12/2025

1. The present writ petition has been filed aggrieved of the action of the respondent-Department in granting the second and third selection grades to the petitioner with the delay of two years

each.

2. The facts are that the petitioner who was initially appointed as Lower Division Clerk in the year 1971 was confirmed on the said post in the year 1983. Vide order dated 01.02.1983, he was appointed as Junior Engineer (Civil) (Diploma Holder) on ad-hoc basis and vide order dated 16.07.1985, his services were

regularised on the post of Junior Engineer (Civil).

3. Vide notification dated 25.01.1992, the government employees were held entitled for grant of selection grades on completion of 9, 18 and 27 years of service, respectively. In pursuance to the said notification, the petitioner was granted the first selection grade w.e.f. 15.02.1992 on completion of 9 years of service. However, the second selection grade was granted w.e.f.

16.07.2003 and the third w.e.f. 16.07.2012.

4. The case of the petitioner is that he was entitled to the second selection grade w.e.f. the year 2001 and that to third selection grade w.e.f. the year 2010. The said two selection grades have erroneously been granted with a delay of two years and the same deserves to be modified.

5. The case of the respondents is that the petitioner was entitled for the selection grades with effect from the date of his regularisation and not with effect from the date of his initial appointment. Therefore, the second and the third selection grades have rightly been granted.

6. Counsel for the petitioner submits that the issue is no more res integra and rests decided vide a Co-ordinate Bench judgment in State of Rajasthan & Ors. Vs. Raghunath Ram & Ors. and other connected matters; S.B. Civil Writ Petition No.10341/2013 decided on 15.12.2016. Counsel submits that the view in Raghunath Ram (supra) was affirmed by the Division Bench of this Court in State of Rajasthan & Ors. Vs. Bhiya Ram Vishnoi; D.B. Review Petition No.18/2019 decided on

29.04.2025.

7. Counsel for the respondents is not in a position to refute the ratio as laid down in Raghunath Ram (supra).

8. In Raghunath Ram (supra), the Court observed and held as under:

“17. Indubitably, by inserting an exception below para 3 of Government order dated 25.1.92, vide order dated 21.10.93, it is provided that the admissibility of selection grade to Junior Engineer would be on completion of nine, eighteen or twenty seven years of continuous service on the post of Junior Engineer. The effect of insertion of exception as aforesaid in the Government order dated 25.1.92 stood further clarified vide order dated 19.5.97 issued by the Department of Finance, Government of Rajasthan.

18. It is not disputed before this Court that the respondents herein became entitled for grant of first selection grade on completion of 9 years of service prior to issuance of the Government order dated 17.2.98 superseding the earlier order issued. Thus, the petitioners were under an obligation to grant the first selection grade to the respondents herein on completion of 9 years of service from their date of initial appointment in terms of Government order dated 25.1.92 as amended vide order dated 21.10.93 qua the Junior Engineers.

19. As discussed by the Tribunal, the contention of the petitioners herein that order d