[2025:RJ-JP:36309]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11606/2014 Vinod Krishna Kaul S/o Shri Shambhu Nath Kaul, aged about 48 years, R/o House No.166-A, Pratap Nagar, Borkheda, Kota.

----Petitioner Versus

1. Rajasthan Handloom Development Corporation Ltd., through its Managing Director, Haath Kargha Bhawan, Chomu House, Jaipur.

2. State of Rajasthan through Secretary to the Government, Department of Public Enterprises, Sachivalaya, Jaipur.

----Respondents For Petitioner(s) : Mr. R.C. Joshi For Respondent(s) : Mr. Laxmi Kant with Mr. Vibhanshu Sharma on behalf of Ms. Anita Agarwal HON'BLE MR. JUSTICE ANAND SHARMA

Order

09/09/2025

1. The petitioner has filed the instant writ petition with following prayers:

"1. The respondents may kindly be directed to grant I^st selection scale w.e.f. 8.3.2000 in the scale of

8000-13500.

2. The respondents may kindly be directed to grant II^nd selection Scale to the petitioner in the scale 15600-

39100, w.e.f.8.3.2009.

3. The respondents be directed to make payment of arrears to the petitioner with 10% interest.

4. Any other relief to which the petitioner is found entitled for may be granted to the petitioner.

5. The writ petition be allowed with cost."

2. Petitioner has come out with a case that he was initially appointed on the post of Extension Officer in Jammu and Kashmir Handloom Development Corporation, where he worked from 1987 to 1991. During the aforesaid service, he submitted application for appointment to the post of Development Officer. On his appointment as Development Officer, he joined the aforesaid post on 08.03.1991, which was carrying the pay scale of Rs.1640- 2900/-, and further revised as per the provisions of Rajasthan Civil Services (Revised Pay Scales) Rules, 1998, in the pay scale of Rs.5500-9000/-.

3. Learned counsel appearing for the petitioner further states that the Finance Department of the State Government issued circulars dated 25.01.1992 & 17.02.1998, in order to provide the benefit of selection grade to the employees in Class-IV Ministerial and Sub-ordinate Services to lay down an arrangement that where even on completion of 9/18/27 years of service, the concerned employee could not get benefit of 1/2/3 promotions, then in order to remove the frustration of stagnation, benefit of I/II/III selection grades shall be granted to the concerned employee, which shall be fixation of his pay in the pay scale of next promotional post.

4. Learned counsel for the petitioner further submits that since the petitioner was not granted promotion, therefore, on completion of 9 years of service on 08.03.2000, he became entitled for first selection grade in the pay scale of Rs.8000- 13500/- but instead of doing so, the respondents have fixed the pay of petitioner in the lower pay scale of Rs.6500-10500/-. Such wrong fixation is causing a miscarriage of justice and grave financial loss to the petitioner.

5. It has been submitted by the learned counsel for the petitioner that earlier also one S.B. Civil Writ Petition No.11679/2013 was filed by the petitioner before this Court, which was disposed of by the Co-ordinate Bench of this Court vide order dated 14.03.2014, directing the respondents to decide the representation of the petitioner in accordance with the provisions of the Rules as well as after taking into consideration that, one similarly situated person Mahipal Yadav was also granted selection grade on completion of 9 years of service in the pay scale of Rs. 8000-13500/-. However, representation submitted by the petitioner has been rejected in mechanical manner.

6. Per contra, learned counsel for the respondents opposed the writ petition and submitted that the next promotion post from the Development Officer was the post of Deputy Manager, however, by taking a resolution on 15.09.1999, the Board of respondent-Corporation abolished all the vacant posts of Deputy Manager. Therefore, on the account of non-availability of any physical post meant for pr