CW/21662/2013 of VIRENDRA SINGH AND ORS Vs STATE OF RAJ AND ORS on 20 December 2013

ORDER

SB Civil Writ Petition No.21662/2013

Virendra Singh & ors versus State of Rajasthan & ors20.12.2013

HON'BLE MR. JUSTICE MN BHANDARI

Mr Vinod Singhal - for petitioner(s)

BY THE COURT:

The petitioners are aggrieved by denial of selectionscale on completion of 27 years of service. It is precisely for thereason that past services of the petitioners have not been countedas the appointment was initially given on ad hoc basis.

Learned counsel submits that while issuing the orderat annexure-2 dated 31.8.1992, it was made clear that incrementsso as regularisation would be from the date of passing of thetyping test. The aforesaid order was passed in reference to thedecision taken by the government on 20.3.1992 to regulariseservices. The petitioners are claiming regularisation from the year1983 and to consider entire length of service for grant of selectionscale.

I have considered the submissions of learned counseland perused the record.

I find that till the order dated 31.8.1992 was passed,petitioners were not working on regular basis rather a decision toresularise services was taken in reference to the circular/ orderdated 20.3.1992. A further reference of the order dated 7.11.2003at annexure-5 is given where also a direction is given to treatservices as regular from the date of passing of the typing test. Ifind that regularisation of the petitioners is as per the decisiontaken by the government on 20.3.1992 thus it cannot be givenretrospective effect and regularisation of the employees was not inconsonance to the rules but by an administrative decision toregularise the services. The mode of appointment and promotion isprovided under the service rules, however, petitioners wereappointed without observing the rules and even regularisedwithout any provision for it. In any case, if the order dated7.11.2003 was passed to regularise the service, a consequentialorder should have been issued by the respondents but there isnothing on record to show regularisation of services of thepetitioners. The only order for regularisation is dated 31.8.1992. Inthe background aforesaid, if the length of service of the petitioners is counted from the aforesaid date for grant of selection scale,there is no illegality in the action of the respondents. It is in viewof the judgment of the Hon'ble Supreme Court in the case of “Stateof Rajasthan & ors Vs Jagdish Narain Chaturvedi” [(2009) 12SCC 49]. The length of service is to be counted from the date ofregular appointment. In view of above, the petitioners would beentitled to third selection scale on completion of 27 years ofservice from 31.8.1992.

With the aforesaid, writ petition so as the stayapplication are dismissed.

(MN BHANDARI), J.

bnsharma

All corrections made in the judgment/ order have beenincorporated in the judgment/ order being emailed.

(BN Sharma)PS-cum-JW