In a D.B. Civil Special Appeal (Writ), a division bench dismissed an appeal challenging a judgment that denied a selection grade to an Education Department employee. The court held that prior service as a Laboratory Assistant could not be clubbed with fresh recruitment as Teacher Grade-III, and selection grades are in lieu of promotion.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.
D.B. CIVIL SPECIAL APPEAL (WRIT) NO.1029/2014 (RANJEET SINGH V/S STATE OF RAJ. & ORS.) ***
DATE OF ORDER 04.02.2015
HON'BLE MR. GOVIND MATHUR, J HON'BLE MISS JAISHREE THAKUR, J
Mr.D.S.Sodha for Mr.T.R. Singh Sodha for the appellant.
To question correctness of the judgment dated 11.04.2014, this appeal is preferred.
In brief, the facts of the case are that the appellant-petitioner entered in the service of the Education Department being appointed on the post of Laboratory Assistant in the year 1983. He came to be selected as Teacher Grade-III in the year 1990 and was appointed as such on 15.03.1991. With a view to remove stagnation in service due to less promotional opportunities, the Government of Rajasthan under a notification dated 25.01.1992 introduced a policy for grant of selection grades to its employees on completion of a definite term of service. The appellant-petitioner claimed first selection grade on completion of nine years of service but that was not allowed to him as the term of service rendered by him as Laboratory Assistant could not have been taken into consideration for determining necessary term for grant of selection grade. Being aggrieved of the same, he approached this court by way of filing a petition for writ (S.B.Civil Writ
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Petition No.2060/2007) that came to be dismissed by the judgment impugned. Learned Single Bench held that benefit of grant of selection scale could not have been allowed by adding the period of service rendered by the appellant-petitioner as Laboratory Assistant from the year 1983 to 1991.
In appeal, the argument advanced by learned counsel for the appellant is that the appellant while working with the Education Department as Laboratory Assistant, came to be selected as Teacher Grade-III in the same department, therefore, the term of service relating to the post of Laboratory Assistant should have been taken into consideration for grant of selection grade as per the Government of Rajasthan decision dated 25.01.1992.
We do not find any merit in the argument advanced. The notification dated 25.01.1992 was issued by the Government of Rajasthan with a view to remove stagnation in service due to less avenues for promotion. The Selection grades awarded under the notification aforesaid are in lieu of promotion and the criteria for grant of it under the notification aforesaid is same as required for consideration for appointment by way of promotion. The appellantpetitioner prior to his appointment as Teacher Grade-III was working as Laboratory Assistant and at that time, he was not eligible to be promoted as Teacher Grade-III. As such, the period concerned cannot be taken into consideration for grant of selection grade. It is
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also relevant to notice that the appointment of the appellantpetitioner on the post of Teacher Grade-III was a fresh recruitment and not in continuation of earlier service, hence, the term of service pertaining to the post of Laboratory Assistant could not have been clubbed with the service rendered on post of Teacher Grade-III.
The appeal for the reasons given above is bereft of any merits. Hence, dismissed.
[JAISHREE THAKUR],J. [GOVIND MATHUR], J.
Anil Singh
2 issues framed by the court
Whether the period of service rendered as Laboratory Assistant could be clubbed with service as Teacher Grade-III for the grant of selection grade.
Whether fresh recruitment on appointment as Teacher Grade-III constituted a continuation of earlier service rendering the appellant ineligible for selection grade based on prior tenure.
Ranjeet Singh
State of Rajasthan
Govind Mathur
Jaishree Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
