Selection grade benefits are generally computed from the date of regularization; however, if all three selection grade benefits have already been granted, they cannot be withdrawn and no recovery can be made from the employee.

Order

1. This writ petition has been filed by the petitioner praying for direction against the respondents to grant benefit of selection grade to the petitioner on completion of 9, 18 & 27 years of service by computing his service from the date of initial appointment.

2. It is stated that the petitioner was initially appointed on the post of Teacher Grade-III vide order dated 18.07.1984 issued by the Panchayat Samiti, Mundawa, District Nagaur on temporary basis for a period of six months or till availability of regularly selected candidates.

3. Learned counsel for the petitioner submits that thereafter the order dated 09.05.1988 was issued by the Development Officer, whereby services of the petitioner were confirmed w.e.f. 19.07.1986.

4. It is submitted that in view of circular dated 25.01.1992 issued by the Finance Department of Government of Rajasthan, revised from time to time, benefit of first grade selection on completion of nine years service was granted to the petitioner whereby length of service of nine years was taken into consideration w.e.f. date of initial appointment i.e. 19.07.1986, thereafter also further benefits of selection grade of ACP were granted to the petitioner by calculating his length of service from the date of initial appointment.

5. Grievance of the petitioner is that after retirement of the petitioner, the respondents, in quite arbitrary and illegal manner, revised the benefits of selection grades earlier granted to the petitioner by computing his services from subsequent date i.e. the date of regularization by the standing Committee.

6. Learned counsel for the petitioner relies upon the judgment of Division Bench of this Court in the case of State of Rajasthan & Ors. vs. Chandra Ram (D.B. Special Appeal Writ No.589/2015 decided on 07.07.2017 which has been considered and followed by Co-ordinate Bench of this Court in S.B. CWP No.13089/2023 Khem Raj Nagda & Ors. vs. State of Rajasthan & Ors. decided on 09.10.2023.

7. Learned counsel for the petitioner further submits that this case of the petitioner is similar to the case of State of Rajasthan & Ors. vs. Chandra Ram (supra).

8. Learned counsel for the respondents opposed the writ petition and submits that Hon’ble Supreme Court in the case of State of Rajasthan vs. Jagdish Narain Chaturvedi (2009) 12 SCC 49 has held that for the purpose of selection grade services of an employee are to be considered from the date of regularization and in the instant case, the date of regularization of the petitioner is subsequent, therefore, for the purpose of grant of selection grade, services of the petitioner cannot be taken into consideration from the date of initial appointment.

9. However, learned counsel for the respondents has not disputed that similar controversy has been decided by Division Bench of this Court in the case of State of Rajasthan & Ors. vs. Chandra Ram (supra) where following directions have been issued:-

“While replying to the said issues, the Division Bench held as under:

“37. QUESTION A

For the reasons and discussions aforesaid and in view of the law declared by the Supreme Court in the case of Jagdish Narain Chaturvedi and Surendra Mahnot & Ors. (supra); we are of the opinion that the respondent – employee would stand regularized from the date of regularization in service and not prior to that.

38. QUESTION B

Taking into consideration the recent decision, prior to two decades the regularization period was not questioned by anybody, therefore, in a writ petition filed by the petitioner it will not be appropriate for us to allow the Government to end the regularizatio