[2025:RJ-JP:19847] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 22/2018 1. Rajasthan State Road Transport Corporation Through Managing Director, Parivahan Marg, Jaipur. 2. Chief Manager, Rajasthan State Road Transport Corporation, Sardar Shahar Depot ----Appellants Versus Tejpal Singh S/o Shri Bhagwat Singh, R/o Ward No. 1, Rajgarh Road, Pilani, Distt. Jhunjhunu At Present Retired Conductor, Rajasthan State Road Transport Corporation Sardar Shahar Depot. ----Respondent For Appellant(s) : Mr. R.M. Bairwa For Respondent(s) : Mr. M.A. Khan HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Judgment Date of Judgment : 13/05/2025 1. This civil second appeal has been filed by the appellants-defendants (for short ‘the defendants’) against the judgment and decree dated 27.09.2017 passed by the Additional District and Sessions Judge No.7, Jaipur Metro, Jaipur (for short ‘the first Appellate Court’) in appeal No. 17/2008 whereby the appellate Court while decreeing the suit filed by the respondent- plaintiff (for short ‘the plaintiff’) held him entitled to get first selection scale on completion of 9 years of service from 25.01.1992 and second selection scale on completion of 18 years of service from 19.12.1997 and also to get interest @ 6% per annum from the date of filing the suit till its realization. The defendants were also directed to revise pay fixation of the plaintiff within three months and other benefits be given to him. [2025:RJ-JP:19847] (2 of 5) [CSA-22/2018] 2. Brief facts of the case are that the plaintiff filed a suit for declaration against the defendants mentioning therein that on 19.06.1977, he was appointed as Conductor on daily wages basis. Thereafter, he was given regular pay scale with effect from 19.12.1977 and his services were regularized. The defendants compulsory retired him on 12.12.2001. Earlier during service, the plaintiff was terminated on 18.05.1979. Plaintiff had challenged the said termination order before the Additional Civil Judge No.5, Jaipur, which was decreed in his favour on 07.10.1986. Accordingly, plaintiff was taken back on duty but he was given the minimum of the regular pay scale. Finance Department of State Government issued instructions on 25.01.1992 for granting first, second and third selection scale after completion of 9, 18 and 27 years of service to the State Government employees. Plaintiff completed 9 years of service on 19.12.1986 and 18 years on 19.12.1995, so he is entitled to get first and second selection scale therefrom. 3. Defendants filed the written statement and denied the averments made in the plaint and stated that plaintiff was served with charge-sheet, so, he was not entitled to get selection scales on completion of 9 and 18 years of service, therefore the suit filed by the plaintiff be dismissed 4. On the basis of pleadings of parties, the trial Court framed the following issues:- “(1) Whether the plaintiff is entitled to get declaration against the defendants that on completion of 9 years of service he is entitled to get first selection scale and on completion [2025:RJ-JP:19847] (3 of 5) [CSA-22/2018] of 18 years of service he is entitled to get second selection scale and accordingly he is entitled to get his pay fixation done? (2) Whether the plaintiff is entitled to get interest @ 18% per annum on the difference amount of salary? (3) Whether the dispute being an industrial dispute, the civil Court had no jurisdiction to try the suit? (4) Whether suit filed by the plaintiff was not maintainable on account of improper valuation? (5) Relief?” 5. To prove his case, plaintiff got himself examined as PW- 1- Tejpal Singh and got exhibited documents. The defendants also got examined DW-1- Bhanwararam and got exhibited certain documents. 6. After hearing the parties, the trial Court vide judgment and decree dated 29.09.2008, dismissed the suit filed by the plaintiff. 7. Plaintiff challenged the said judgment and decree dated 29.09.2008 passed by the trial Court by way of an appeal and the first appellate Court vide judgment dated 27.09.2017 decreed the plaintiff’s suit and held him entitled to get first selection sale on completion of 9 years of service from 25.01.1992 and second selection scale from 19.12.1997 and also to get interest @ 6% per annum thereon from the date of filing the suit till realization. 8. Learned counsel for the defendants submits that the first appellate Court had committed an error in granting the first and second selection scales to the plaintiff because service career [2025:RJ-JP:19847] (4 of 5) [CSA-22/2018] of the plaintiff was unsatisfactory and charge-sheet was pending against him. Learned trial Court has rightly came to the conclusion that the plaintiff is not entitled to get first and second selection scales, so, the judgment and decree dated 29.09.2008 passed by the trial Court be restored and the judgment and decree dated 27.09.2017 passed by the First Appellate Court be set aside. 9. Learned counsel for the plaintiff has opposed the arguments advanced by counsel for the defendants and submits that the plaintiff’s services were regularized from 19.12.1977 and he completed 9 years regular service therefrom on 19.12.1986 entitling him to get first selection scale. On 25.01.1992, a circular was issued by the State Government for granting selection scales, in the meanwhile, the services of the plaintiff were terminated on 18.05.1979. The said termination order having been challenged by the plaintiff before the Additional Civil Judge No.5, Jaipur, the trial Court vide its judgment dated 07.10.1986 declared the said termination order as illegal. Pursuant thereto, the plaintiff was taken back on duty and the plaintiff re-joined his duties on 21.08.1988. Thus, when no penalty was imposed upon the plaintiff as on 25.01.1992, the plaintiff was entitled to get first selection scale on completion of 9 years of service from 25.01.1992. Thereafter, the plaintiff completed 18 years of service on 19.12.1995 but on 06.11.1995, his two annual grade increments were withheld and his salary of the suspension period was forfeited, subsequently, on 19.12.1995 his one annual grade increment without cumulative was withheld and his salary for suspension period was forfeited, therefore, the plaintiff was rightly held entitled to get second selection scale on completion of 18 [2025:RJ-JP:19847] (5 of 5) [CSA-22/2018] years of service after two years from 19.12.1995 i.e. with effect from 19.12.1997. Thus, there is no merit in the appeal and no substantial question of law is made out in this appeal. So, the appeal filed by the defendants deserves to be dismissed. 10. Learned counsel for the plaintiff has placed reliance on the following judgments:- 1.) RSRTC Vs. Sriram Hundiwal in SB Civil Second Appeal No. 509/2019 2.) RSRTC Vs. Bal Mukund Bairwa, reported in (2009) 4 SCC 299 3.) The Premier Automobiles Ltd. Vs. Kamlekar Shantaram Wadke of Bombay and Ors. With connected appeal, reported in (1976) 1 SCC 496. 11. I have considered the arguments advanced by counsel for the parties and perused the impugned judgments. 12. It is an admitted position that first selection scale was accrued to the plaintiff on 25.01.1992. At that time, no penalty was imposed upon him, so the first appellate Court has rightly came to the conclusion that plaintiff was entitled to get first selection scale from 25.01.1992. At the time of second selection scale i.e. 19.12.1995, the plaintiff was punished with withholding of two annual increments on 06.11.1995, so the first appellate court rightly came to the conclusion that second selection scale accrued to him on 19.12.1997. Thus, I find no merit in the present appeal and no substantial question of law is made out for admission of this appeal. The civil second appeal stands dismissed accordingly. 13. Pending application(s), if any, stand(s) disposed of. (NARENDRA SINGH DHADDHA),J Ritu/94