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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH

S.B. Civil Review Petition No.156/2012

In

S.B. Civil Writ Petition No.3228/2005

Ajmer Vidhyut Vitran Nigam Ltd. & Ors.

Versus

Ramesh Chand Sagar

DATE OF ORDER : 27/04/2013

HON'BLE MR. JUSTICE M.N. BHANDARI

Mr. Abhishek Sharma, for petitioner

Mr. Mukesh Agrawal, for respondent

***

This review petition has been filed against the judgment

dated 3^rd April, 2012. It is precisely in reference to certain paras

of circular for grant of selection scale.

According to the learned counsel, proviso to Para 2

provides that after first appointment, if one is

appointed/fixed/absorbed or adjusted in other post in the same

cadre or any other cadre, length of service would be counted

from later appointment/fixation/absorption/adjustment. Learned

counsel has referred facts of this case to show that initial

appointment of the employee was on the post of Helper and

later he was given pay scale of Welder pursuant to arbitration

award known as “Singh Sancheti Award”. It is accordingly

prayed that length of service for selection scale has wrongly

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been allowed from the initial date of appointment rather it should

have been from the date, the petitioner was given revised pay

scale pursuant to Singh Sancheti Award.

I have considered the submission made by learned

counsel for petitioner and perused the record.

It is not in dispute that service of the petitioner was

regularized w.e.f. 01.04.1977. The dispute arose when higher

pay scale was given to the petitioner pursuant to Singh Sancheti

Award. For the purpose aforesaid, my attention is drawn towards

Annexure-R/1 to show the post of initial appointment. I find that

petitioner was initially appointed as Welder trainee some time in

the year 1975 and completed two years on or before 01.04.1977

thus regular pay scale was allowed to the petitioner for the post

of Welder and not to the post of Helper as stated by counsel for

review petitioner. The revision of the pay scale thereupon is

pursuant to Singh Sancheti Award and is not an outcome of

appointment by direct recruitment. Proviso to Para 2 of circular

for selection scale is thus not applicable. Para 2 of the circular is

quoted for ready reference:

“2. The services of nine, eighteen or twenty seven years or

otherwise as hereinafter prescribed, as the case may be, shall

be counted from the date of first appointment/fixation in the

regular pay scale in the existing cadre/service in accordance

with the provisions contained in the Recruitment

Regulations/fixation Rules of the Board.

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Provided that if an employee subsequent to his first

appointment to a regular post as a result of direct recruitment,

is appointed/fixed/absorbed/adjusted to some other post in

the same cadre or any other cadre, service from the date of

later appointment /fixation/absorption/adjustment shall be

taken into consideration for the purpose of grant of selection

grade.

Provided further that if an employee subsequent to his first

appointment to a post in a cadre/service, in accordance with

provisions contained in the relevant service regulations/orders

of the Board, is promoted to a post in some other cadre,

service from the date of such promotion shall be taken into

consideration for the purpose of grant of the selection grade.

Provided further that in case of an employee who is declared

surplus and absorbed against a new post, the services of

nine, eighteen or twenty seven years or otherwise hereinafter

prescribed, as the case may be, shall be deemed to have

been completed on the date on which his immediately junior

employee completes that period of service or on completion of

service from the date of appointment to the post held before

absorption, whichever is earlier.”

Perusal of proviso reveals that if any employee subsequent

to his first appointment is appointed/fixed/absorbed/adjusted to

some other post as a result of direct