[2025:RJ-JP:36309] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11606/2014 Vinod Krishna Kaul S/o Shri Shambhu Nath Kaul, aged about 48 years, R/o House No.166-A, Pratap Nagar, Borkheda, Kota. ----Petitioner Versus 1. Rajasthan Handloom Development Corporation Ltd., through its Managing Director, Haath Kargha Bhawan, Chomu House, Jaipur. 2. State of Rajasthan through Secretary to the Government, Department of Public Enterprises, Sachivalaya, Jaipur. ----Respondents For Petitioner(s) : Mr. R.C. Joshi For Respondent(s) : Mr. Laxmi Kant with Mr. Vibhanshu Sharma on behalf of Ms. Anita Agarwal HON'BLE MR. JUSTICE ANAND SHARMA Order 09/09/2025 1. The petitioner has filed the instant writ petition with following prayers: "1. The respondents may kindly be directed to grant Ist selection scale w.e.f. 8.3.2000 in the scale of 8000-13500. 2. The respondents may kindly be directed to grant IInd selection Scale to the petitioner in the scale 15600- 39100, w.e.f.8.3.2009. 3. The respondents be directed to make payment of arrears to the petitioner with 10% interest. 4. Any other relief to which the petitioner is found entitled for may be granted to the petitioner. 5. The writ petition be allowed with cost." 2. Petitioner has come out with a case that he was initially appointed on the post of Extension Officer in Jammu and Kashmir [2025:RJ-JP:36309] (2 of 5) [CW-11606/2014] Handloom Development Corporation, where he worked from 1987 to 1991. During the aforesaid service, he submitted application for appointment to the post of Development Officer. On his appointment as Development Officer, he joined the aforesaid post on 08.03.1991, which was carrying the pay scale of Rs.1640- 2900/-, and further revised as per the provisions of Rajasthan Civil Services (Revised Pay Scales) Rules, 1998, in the pay scale of Rs.5500-9000/-. 3. Learned counsel appearing for the petitioner further states that the Finance Department of the State Government issued circulars dated 25.01.1992 & 17.02.1998, in order to provide the benefit of selection grade to the employees in Class-IV Ministerial and Sub-ordinate Services to lay down an arrangement that where even on completion of 9/18/27 years of service, the concerned employee could not get benefit of 1/2/3 promotions, then in order to remove the frustration of stagnation, benefit of I/II/III selection grades shall be granted to the concerned employee, which shall be fixation of his pay in the pay scale of next promotional post. 4. Learned counsel for the petitioner further submits that since the petitioner was not granted promotion, therefore, on completion of 9 years of service on 08.03.2000, he became entitled for first selection grade in the pay scale of Rs.8000- 13500/- but instead of doing so, the respondents have fixed the pay of petitioner in the lower pay scale of Rs.6500-10500/-. Such wrong fixation is causing a miscarriage of justice and grave financial loss to the petitioner. [2025:RJ-JP:36309] (3 of 5) [CW-11606/2014] 5. It has been submitted by the learned counsel for the petitioner that earlier also one S.B. Civil Writ Petition No.11679/2013 was filed by the petitioner before this Court, which was disposed of by the Co-ordinate Bench of this Court vide order dated 14.03.2014, directing the respondents to decide the representation of the petitioner in accordance with the provisions of the Rules as well as after taking into consideration that, one similarly situated person Mahipal Yadav was also granted selection grade on completion of 9 years of service in the pay scale of Rs. 8000-13500/-. However, representation submitted by the petitioner has been rejected in mechanical manner. 6. Per contra, learned counsel for the respondents opposed the writ petition and submitted that the next promotion post from the Development Officer was the post of Deputy Manager, however, by taking a resolution on 15.09.1999, the Board of respondent-Corporation abolished all the vacant posts of Deputy Manager. Therefore, on the account of non-availability of any physical post meant for promotion from the post of Development Officer, case of the petitioner would be governed by Para 5 of Circular dated 17.02.1998 issued by the Finance Department of Government of Rajasthan. As per Para 5 of the aforesaid circular, the persons drawing their pay in the pay scale of Rs.5500-9000/-, would get first selection grade in the pay scale of Rs.6500-10500/-, hence, no mistake whatsoever has been committed by the respondent-Corporation in granting lower pay scale of Rs.6500-10500/- to the petitioner. 7. Learned counsel appearing on behalf of the respondents also submits that the case of Mahipal Yadav was [2025:RJ-JP:36309] (4 of 5) [CW-11606/2014] altogether different as he completed his 9 years of service on 29.01.1999, whereas, the vacant posts of Deputy Manager were abolished thereafter on 15.09.1999. In the case of the petitioner, since, he has completed service of 9 years on 08.03.2000, much after abolition of vacant posts, therefore, his case would be governed by Para 5 of the Circular dated 17.02.1998. 8. Heard and considered. 9. Bare perusal of order dated 01.08.2014 passed by the respondent-Corporation, in compliance of earlier order dated 14.03.2014 passed by this Court in S.B. Civil Writ Petition No.11679/2013, would make it clear that all the posts or the cadre of Deputy Manager were never abolished by the respondent- Corporation and merely the vacant posts were abolished. It is not the case of the respondents that the entire cadre of the Deputy Manager was not existing after decision of abolition dated 15.09.1999. Thus, even after 15.09.1999, other persons were actually working on the post of Deputy Manager. 10. When Para 5 of Circular dated 17.02.1998 is examined in the light of aforesaid facts, it comes out that Para 5 of the Circular dated 17.02.1998 is an exception to the general provisions and would be applicable only in those cases where no post for further promotion is existing in the entire service/cadre. Whereas, in the instant case, the posts were very much existing and only the vacant posts were abolished. Hence, applying exception carved out in Para 5 in the case of petitioner is totally misdirected. The petitioner is entitled for regular benefits of selection grade and since his existing pay scale at the relevant time was Rs.5500-9000/-, hence, on account of getting benefit of [2025:RJ-JP:36309] (5 of 5) [CW-11606/2014] first selection grade on completion of 9 years of service, his pay should have been fixed by the respondents in the pay scale of Rs.8000-13500/-. 11. It is sufficient to observe that the availability of the physical post is not necessary for the grant of regular selection grade. Mere creation and existence of the post in the service/cadre under the Rules is necessary for examining the entitlement of the person concerned with regard to grant of regular benefit of selection grade or exceptional benefits under Para 5 of the aforesaid circular. 12. In the instant case, since the post of Deputy Manager was very much existing in the service/cadre, therefore, Para 5 of the aforesaid circular shall not apply. 13. In the light of aforesaid discussion, the writ petition filed by the petitioner is allowed. 14. The respondents are directed to fix the pay of the petitioner in the pay scale of Rs.8000-13500/- w.e.f., 08.03.2000 along with all consequential benefits. The respondents are further directed to carry out re-fixation of the pay of the petitioner accordingly in Revised Pay Scales Rules enacted from time to time. Arrears of difference of pay, after carrying out aforesaid exercise of re-fixation, be also paid to the petitioner within a period of three months from the date of receipt of certified copy of this order. 15. Ordered accordingly. (ANAND SHARMA),J DAKSH/63