[2026:RJ-JP:632]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9644/2002 Kailash Narain Vyas S/o Shri Raghunandan Vyas, aged about 53 years, R/o Jhalawar at present working as LDC, RSRTC, Jhalawar, Rajasthan ----Petitioner Versus

1. Rajasthan State Road Transport Corporation through its Managing Director Parivahan Marg, Jaipur.

2. The Executive Director (Administration) RSRTC, Parivahan Marg, Jaipur.

3. Chief Manager RSRTC, Jhalawar.

----Respondent For Petitioner(s) : Mr. Amit Kumar Dhawan, Adv. for Mr. Vinodi Lal Mathur, Adv.

For Respondent(s) : Ms. Manjeet Kaur, Adv.

HON'BLE MR. JUSTICE ANAND SHARMA

Judgment

08/01/2026

1. This writ petition has been filed by the petitioner challenging the order dated 13.11.2002, whereby benefits of first and second selection grade on completion of 9 and 18 years of service, earlier granted to the petitioner have been modified and reduced prejudicing the rights of the petitioner.

2. It is stated in the petition that the petitioner was initially appointed as conductor on 26.08.1974, thereafter, he was selected and appointed as LDC on 09.03.1979, however, such appointment was conditional in nature where he was required to qualify the proficiency test/typing test for the purpose of allowing annual grade increments to the petitioner. Thereafter, the petitioner appeared in proficiency test/typing test on 22.07.1984 and he was declared as qualified in the aforesaid test vide order dated 03.09.1984 and thus, his services were confirmed after passing the proficiency test/typing test and further benefits of annual grade increments were permitted to him.

3. Earlier by computing his service from the date of initial appointment for the post of LDC, first selection grade was granted to the petitioner vide order dated 24.08.1984 w.e.f. 25.01.1992 and second selection grade was granted, thereafter, on 02.04.1997 on completion of 18 years of service. However, vide order dated 13.11.2002, the earlier orders of grant of selection grade have been modified and instead of granting benefit of selection grade from initial date of appointment, same have been allowed from the date on which the petitioner has passed proficiency test/typing test.

4. It is the case of the petitioner that such order has been passed in quite arbitrary manner and in ignorance of the fact that earlier quite consciously benefits of selection grade were given to the petitioner from the date of initial appointment.

5. Per contra, it has been submitted by learned counsel for the respondents that selection grade is always granted in lieu of promotion subject to terms and conditions of the scheme of the Government, duly adopted by respondent-Corporation. In the instant case, admittedly in the initial appointment order, condition was put that the petitioner will have to pass proficiency test/typing test for the purpose of grant of annual grade increments. Thus, his services shall be treated as confirmed and regularized only from the date of passing of proficiency test/typing test, which the petitioner has admittedly passed on 22.07.1984, therefore, earlier on account of some bonafide error petitioner was granted benefit of selection grade while computing his services from the date of initial appointment, which has rightly been rectified and modified vide impugned order and now benefits have been granted to the petitioner from the date of passing of proficiency test/typing test.

6. Heard and considered.

7. Hon’ble Supreme Court in the case of State of Rajasthan & Ors. Vs. Jagdish Narain Chaturvedi reported in 2009 (12) SCC 49, has categorically held that benefit of selection grade can be granted only from the date of regular appointment and in the instant case, date of regular appointment shall be the date of passing of proficiency test/typing test. Hence, the petitioner is entitled to get benefits of selection grade after computing his services w.e.f. 22.07.1984 and not from the date of initial appointment. Therefore, no m