Petitioner shall be entitled for actual benefit of pay scale: HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Case Title: Jota Ram versus State Of Rajasthan & Anr.
Case No: S.B. Civil Writ Petition No. 17915/2019
Decided on: 24/05/2023
Coram: JUSTICE DINESH MEHTA
Facts of the case:
The petitioner who was appointed on the post of Patwari as a Scheduled Tribe candidate by way of order dated 07.10.1993, joined the services on 08.10.1993.
During his tenure as a Patwari, some disciplinary proceedings were initiated against the petitioner and pending such proceedings, his case for promotion was considered by the Departmental Promotion Committees for years 1999-2000 and onwards but the result was kept in sealed cover.
Thereafter a punishment order came to be passed on 22.08.2008.
Arguments of the Petitioner:
The petitioner’s predicament that after passing of the penalty order dated 22.08.2008, though the petitioner had been pursuing the respondents to open the sealed envelope and give him promotion, but for six years the respondents did not pay any heed and promoted him as late as on 14.10.2014, he contended that the petitioner cannot be made to suffer on account of delay on the part of respondents. Learned counsel argued that the respondents have wrongly placed the petitioner along with the ILRs who were promoted against the vacancies of year 2014-2015.
His Second argument has been that since the basic order of promotion has been passed by the Divisional Commissioner, Jodhpur on 14.10.2014, considering his promotion to be from 2008-2009, the Collector by way of order impugned dated 06.05.2015, could not have changed it to the vacancy year 2014- 2015.
Arguments of the Respondent:
Mr. Mrigraj Singh, learned counsel for the respondents, on the other hand, argued that the respondents have committed no error of law in reckoning petitioner’s seniority with effect from 2014-2015.
In support of his contention aforesaid, he relied upon Rule 171-A(2) of the Rules of 1957 and submitted that the seniority of the Inspector Land Records is required to be reckoned from the date of continuous officiation on the post of Inspector Land Records. He submitted that the petitioner can be considered as Inspector Land Records, only when he started officiating or working as Inspector Land Records and hence, the petitioner cannot be given seniority from the year 2008-2009, particularly when he did not work as Inspector Land Records prior to 06.05.2015.
Judgement:
After the correction of the seniority list, the petitioner shall be conferred all consequential benefits, including promotion to the next post.
Review DPC for considering petitioner’s case be convened within a period of 3 months from today and order of promotion (if the petitioner is found eligible and suitable) be passed by 30th September, 2023. The petitioner shall be entitled for actual benefit of pay scale etc. with effect from the date of the order or 30.09.2023, whichever is earlier. The petitioner shall be given notional benefit from the date persons junior to him have been promoted upto 30th September, 2023/actual date of promotion.
Stay petition also stands disposed of accordingly.
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Written by: Mahima Saini