Ranveer Singh Choudhary Vs. State and ors - Court Judgment

SooperKanoon Citationsooperkanoon.com/1165251
CourtRajasthan Jodhpur High Court
Decided OnOct-01-2014
AppellantRanveer Singh Choudhary
RespondentState and ors
Excerpt:
s.b. civil writ petition no.5343/2014. ranveer singh vs. state of rajasthan & ors. order dated 01/10/2014 1/7 in the high court of judicature for rajasthan at jodhpur. :: order :: s.b. civil writ petition no.5343/2014. ranveer singh vs. state of rajasthan & ors. date of order ::::01. t october, 2014. present hon'ble dr. justice vineet kothari appearance: mr. s.p. singh, for the petitioner. -- by the court:1. the petitioner who was working as postal assistant since 04.07.2010, continued on the said post of the central government postal department till 19.11.2012 when he resigned from the said post and upon being selected in the services of the state of rajasthan (panchayati raj department) in the selection process of the year 2013 for the post of teacher grade-iii, he was appointed with effect from 20.11.2012 on the post of teacher grade-iii at a fixed monthly honorarium of rs.8950/- for a period of two years probation.2. the petitioner claimed protection of pay of his earlier post of postal assistant in the central government, which was higher pay while referring to fr22b (1) (a) and rule 26 of the s.b. civil writ petition no.5343/2014. ranveer singh vs. state of rajasthan & ors. order dated 01/10/2014 2/7 rajasthan service rules, which according to petitioner it amounted to 'technical resignation' by the petitioner from the post of postal assistant in the head post office, barmer, and upon joining his duties as teacher grade-iii w.e.f. 20.11.2012 on the very next date of his resigning and relieved from the post of postal assistant on 19.11.2012, the petitioner was entitled to the protection of his earlier pay drawn as postal assistant in the central government department. the representation of the petitioner filed in this regard vide annex.10 dated 19.09.2013 to the block elementary education officer, panchayat samiti- sindhari, district: barmer, and the reminders thereafter on 31.12.2013 and 03.02.2014, having not been decided by the respondents, has impelled the petitioner to file this writ petition for the following reliefs: - “it is, therefore, most respectfully prayed that; (a) by an appropriate writ, order or direction, the respondents may kindly be directed to fix the pay in accordance with rule 22b (1) (a) of the fundamental rule and rule 26 of rajasthan service rules, 1951. (b) by an appropriate writ, order or direction, the respondents may kindly be directed to fix the pay of the petitioner by protecting the pay as granted in cadre of postal assistant and consequential benefits may be granted. (c) any other appropriate writ, order or direction which this hon'ble court considers just and proper in the facts and s.b. civil writ petition no.5343/2014. ranveer singh vs. state of rajasthan & ors. order dated 01/10/2014 3/7 circumstances of the present case, may kindly be passed in favour of the petitioner. (d) costs of the writ petition may kindly be awarded to the petitioner.”. 3. mr. s.p. singh, learned counsel for the petitioner also invited the attention of the court towards annex.12, the down loaded status report of the disposal of the representations of the petitioner from the web-portal of the state government, namely, 'sugam-samadhan', according to which, the said representations of the petitioner stood disposed of and the petitioner was not found entitled to the pay protection, which he was getting while working as the postal assistant in the postal department, by the respondent- state government. the status report as given in the annex.12, is quoted herein below for ready reference: - “क रव ह (action): - पर वदन क ननस ण ह गर ह। जस न सव ननरम, 1951 क ननरम 24 क अनस जर सव म ननरमम रप स ननरक कमच क# नए पद प ननरकक ह न प प&व पद क व न स' कण प वध न ह। अनर स क , क कमच र र, क व न स' कण क प वध न नह ' ह।" 4. learned counsel for the petitioner, mr. s.p. singh, also submitted that the 'technical resignation' was given by the petitioner from the post of postal assistant as per rule 13 read with rule 16 of the frsr applicable to the central government s.b. civil writ petition no.5343/2014. ranveer singh vs. state of rajasthan & ors. order dated 01/10/2014 4/7 employees and rule 26 of the rajasthan service rules, 1951. the relevant rules 13, 16 of frsr and the rule 26 of the rsr are quoted herein below for ready reference: - rule 13 & 16 of frsr: “technical resignation:13. a resignation from the service or post entail forfeiture of entire past qualifying service. the exception is technical resignation which does not result in forfeiture of past service. continuity of service on technical resignation:16. a permanent government servant appointed in another central government department/office has to resign from his parent department unless he reverts to that department within a period of 2 years, or 3 years in exceptional cases. such resignations shall not be deemed to be resignation for the purpose of pension, if admissible. as a consequence, continuity of service benefits should be allowed to such employees in the matter of pension, leave, ltc etc. as admissible under the rules. rule 26 of the r.s.r.,1951:“26. (1) a government servant already serving in one service, cadre or department who is appointed to another service, cadre or department by direct recruitment or special selection (including transfer other than by deputation) cadre or s.b. civil writ petition no.5343/2014. ranveer singh vs. state of rajasthan & ors. order dated 01/10/2014 5/7 department to another) and not by promotion according to service rules, shall have his initial pay fixed as follows: category last pay on old post initial pay on new post. 1 2 3 (a) substantive on a (a) persons in category (a) shall permanent post and not have pay fixed as in the manner officiating on a higher stated below- post. (i) if the maximum of the scale of the new post is higher than the maximum of the old post, then pay shall be fixed at the stage of the time scale of the new post next above the last substantive pay in the old post. (ii) if the maximum of the scale of the new post is equal to the maximum of the old post, then pay shall be fixed at the stage of the time scale of the new post which is equal to his last substantive pay on the old post, or if there is no such stage, the stage next below that pay plus personal pay equal to the difference. (iii) if the maximum of the scale of the new post is lower than the maximum of the old post, then the pay shall be fixed at the stage which he would have been entitled to as if the period of service rendered on the old post would have been rendered on the old post would have been counted as rendered against the new post, subject to the condition that the pay fixed shall be restricted to the pay last drawn in the old post. s.b. civil writ petition no.5343/2014. ranveer singh vs. state of rajasthan & ors. order dated 01/10/2014 6/7 5. having heard the learned counsel for the petitioner and upon perusal of the relevant documents, this court is of the opinion that the contention raised by the learned counsel for the petitioner in the present writ petition is misconceived and has no merit and, therefore, the representations of the petitioner, appear to have been rightly rejected and the information about the same was uploaded on the web-portal of the state government vide annex.12.6. a bare perusal of the relevant rules 13 and 16 of the frsr and rule 26 of the rsr, quoted above, clearly envisage the situation of tendering of 'technical resignation' only if a government servant seeks employment in another department of the central government itself, and in that situation a lien on the previous post is maintained for two years and in exceptional cases for a period of three years as given in rule 16. in the present case, the petitioner's resignation from the post of postal assistant cannot be termed as 'technical resignation' as the same was given with a view to secure employment in another service of the state government as teacher grade-iii, which was to start with a monthly fixed honorarium of rs.8950/- only and even the regular pay scale was to become applicable to the petitioner, only after the completion of probation period of two years. s.b. civil writ petition no.5343/2014. ranveer singh vs. state of rajasthan & ors. order dated 01/10/2014 7/7 7. despite the certificate issued by the superintendent of the post post, barmer, using the term 'technical resignation' by the petitioner, nonetheless it cannot be construed to be so as per rule 16 quoted-above. on the other hand, rule 26 of the rsr, 1951, envisages that upon a fresh appointment from one service, cadre or department to another service, cadre or department of the state government itself. the rule 26 of the rsr, quoted abve, neither specifies such a shift or change of employment from central government to the state government nor any such implied shift or fresh appointment to another servcie can be implied by included in the said rule 26 of the rsr, 1951. therefore, the question of pay protection of his earlier post of postal assistant to be given to the petitioner in the present set of facts and circumstance, cannot arise and it is a misconception to claim such pay protection of the earlier post of postal assistant in the central government while taking a fresh appointment as teacher grade-iii in the panchayati raj department of the state of rajasthan.8. in view of above, the present writ petition of the petitioner is found to be bereft of any merit and the same is hereby dismissed. no costs. a copy of this order be sent to the concerned parties forthwith. (dr. vineet kothari), j.dj/- 18
Judgment:

S.B. CIVIL WRIT PETITION No.5343/2014. Ranveer Singh Vs. State of Rajasthan & Ors. Order dated 01/10/2014 1/7 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: ORDER

:: S.B. CIVIL WRIT PETITION No.5343/2014. Ranveer Singh Vs. State of Rajasthan & Ors. Date of Order ::::

01. t October, 2014. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance: Mr. S.P. Singh, for the petitioner. -- BY THE COURT:

1. The petitioner who was working as Postal Assistant since 04.07.2010, continued on the said post of the Central Government Postal Department till 19.11.2012 when he resigned from the said post and upon being selected in the services of the State of Rajasthan (Panchayati Raj Department) in the selection process of the year 2013 for the post of Teacher Grade-III, he was appointed with effect from 20.11.2012 on the post of Teacher Grade-III at a fixed monthly honorarium of Rs.8950/- for a period of two years probation.

2. The petitioner claimed protection of pay of his earlier post of Postal Assistant in the Central Government, which was higher pay while referring to FR22B (1) (a) and Rule 26 of the S.B. CIVIL WRIT PETITION No.5343/2014. Ranveer Singh Vs. State of Rajasthan & Ors. Order dated 01/10/2014 2/7 Rajasthan Service Rules, which according to petitioner it amounted to 'Technical Resignation' by the petitioner from the post of Postal Assistant in the Head Post Office, Barmer, and upon joining his duties as Teacher Grade-III w.e.f. 20.11.2012 on the very next date of his resigning and relieved from the post of Postal Assistant on 19.11.2012, the petitioner was entitled to the protection of his earlier pay drawn as Postal Assistant in the Central Government department. The representation of the petitioner filed in this regard vide Annex.10 dated 19.09.2013 to the Block Elementary Education Officer, Panchayat Samiti- Sindhari, District: Barmer, and the reminders thereafter on 31.12.2013 and 03.02.2014, having not been decided by the respondents, has impelled the petitioner to file this writ petition for the following reliefs: - “It is, therefore, most respectfully prayed that; (a) By an appropriate writ, order or direction, the respondents may kindly be directed to fix the pay in accordance with Rule 22B (1) (a) of the Fundamental Rule and Rule 26 of Rajasthan Service Rules, 1951. (b) By an appropriate writ, order or direction, the respondents may kindly be directed to fix the pay of the petitioner by protecting the pay as granted in cadre of Postal Assistant and consequential benefits may be granted. (c) Any other appropriate writ, order or direction which this Hon'ble Court considers just and proper in the facts and S.B. CIVIL WRIT PETITION No.5343/2014. Ranveer Singh Vs. State of Rajasthan & Ors. Order dated 01/10/2014 3/7 circumstances of the present case, may kindly be passed in favour of the petitioner. (d) Costs of the writ petition may kindly be awarded to the petitioner.”. 3. Mr. S.P. Singh, learned counsel for the petitioner also invited the attention of the Court towards Annex.12, the down loaded status report of the disposal of the representations of the petitioner from the Web-portal of the State Government, namely, 'Sugam-Samadhan', according to which, the said representations of the petitioner stood disposed of and the petitioner was not found entitled to the pay protection, which he was getting while working as the Postal Assistant in the Postal Department, by the respondent- State Government. The status report as given in the Annex.12, is quoted herein below for ready reference: - “क रव ह (Action): - पर वदन क ननस ण ह गर ह। जस न सव ननरम, 1951 क ननरम 24 क अनस जर सव म ननरमम रप स ननरक कमच क# नए पद प ननरकक ह न प प&व पद क व न स' कण प वध न ह। अनर स क , क कमच र र, क व न स' कण क प वध न नह ' ह।" 4. Learned counsel for the petitioner, Mr. S.P. Singh, also submitted that the 'Technical Resignation' was given by the petitioner from the post of Postal Assistant as per Rule 13 read with Rule 16 of the FRSR applicable to the Central Government S.B. CIVIL WRIT PETITION No.5343/2014. Ranveer Singh Vs. State of Rajasthan & Ors. Order dated 01/10/2014 4/7 employees and Rule 26 of the Rajasthan Service Rules, 1951. The relevant Rules 13, 16 of FRSR and the Rule 26 of the RSR are quoted herein below for ready reference: - Rule 13 & 16 of FRSR: “TECHNICAL RESIGNATION:

13. A resignation from the service or post entail forfeiture of entire past qualifying service. The exception is technical resignation which does not result in forfeiture of past service. CONTINUITY OF SERVICE ON TECHNICAL RESIGNATION:

16. A permanent Government servant appointed in another Central Government Department/Office has to resign from his parent department unless he reverts to that department within a period of 2 years, or 3 years in exceptional cases. Such resignations shall not be deemed to be resignation for the purpose of pension, if admissible. As a consequence, continuity of service benefits should be allowed to such employees in the matter of pension, leave, LTC etc. as admissible under the rules. Rule 26 of the R.S.R.,1951:

“26. (1) A Government servant already serving in one service, cadre or department who is appointed to another service, cadre or department by direct recruitment or special selection (including transfer other than by deputation) cadre or S.B. CIVIL WRIT PETITION No.5343/2014. Ranveer Singh Vs. State of Rajasthan & Ors. Order dated 01/10/2014 5/7 department to another) and not by promotion according to service rules, shall have his initial pay fixed as follows: Category Last pay on old post Initial pay on new Post. 1 2 3 (a) Substantive on a (a) Persons in category (a) shall permanent post and not have pay fixed as in the manner officiating on a higher stated below- post. (i) If the maximum of the scale of the new post is higher than the maximum of the old post, then pay shall be fixed at the stage of the time scale of the new post next above the last substantive pay in the old post. (ii) If the maximum of the scale of the new post is equal to the maximum of the old post, then pay shall be fixed at the stage of the time scale of the new post which is equal to his last substantive pay on the old post, or if there is no such stage, the stage next below that pay plus personal pay equal to the difference. (iii) If the maximum of the scale of the new post is lower than the maximum of the old post, then the pay shall be fixed at the stage which he would have been entitled to as if the period of service rendered on the old post would have been rendered on the old post would have been counted as rendered against the new post, subject to the condition that the pay fixed shall be restricted to the pay last drawn in the old post. S.B. CIVIL WRIT PETITION No.5343/2014. Ranveer Singh Vs. State of Rajasthan & Ors. Order dated 01/10/2014 6/7 5. Having heard the learned counsel for the petitioner and upon perusal of the relevant documents, this Court is of the opinion that the contention raised by the learned counsel for the petitioner in the present writ petition is misconceived and has no merit and, therefore, the representations of the petitioner, appear to have been rightly rejected and the information about the same was uploaded on the web-portal of the State Government vide Annex.12.

6. A bare perusal of the relevant Rules 13 and 16 of the FRSR and Rule 26 of the RSR, quoted above, clearly envisage the situation of tendering of 'Technical Resignation' only if a Government servant seeks employment in another Department of the Central Government itself, and in that situation a lien on the previous post is maintained for two years and in exceptional cases for a period of three years as given in Rule 16. In the present case, the petitioner's resignation from the post of Postal Assistant cannot be termed as 'technical resignation' as the same was given with a view to secure employment in another service of the State Government as Teacher Grade-III, which was to start with a monthly fixed honorarium of Rs.8950/- only and even the regular pay scale was to become applicable to the petitioner, only after the completion of probation period of two years. S.B. CIVIL WRIT PETITION No.5343/2014. Ranveer Singh Vs. State of Rajasthan & Ors. Order dated 01/10/2014 7/7 7. Despite the certificate issued by the Superintendent of the Post Post, Barmer, using the term 'technical resignation' by the petitioner, nonetheless it cannot be construed to be so as per Rule 16 quoted-above. On the other hand, Rule 26 of the RSR, 1951, envisages that upon a fresh appointment from one service, cadre or department to another service, cadre or department of the State Government itself. The Rule 26 of the RSR, quoted abve, neither specifies such a shift or change of employment from Central Government to the State Government nor any such implied shift or fresh appointment to another servcie can be implied by included in the said Rule 26 of the RSR, 1951. Therefore, the question of pay protection of his earlier post of Postal Assistant to be given to the petitioner in the present set of facts and circumstance, cannot arise and it is a misconception to claim such pay protection of the earlier post of Postal Assistant in the Central Government while taking a fresh appointment as Teacher Grade-III in the Panchayati Raj Department of the State of Rajasthan.

8. In view of above, the present writ petition of the petitioner is found to be bereft of any merit and the same is hereby dismissed. No costs. A copy of this order be sent to the concerned parties forthwith. (Dr. VINEET KOTHARI), J.

DJ/- 18