1- The special appeals are directed against judgment dated 20-12-10 of the learned Single Judge dismissing writ

petitions preferred by the petitioners assalting a common order dated 18-9-2009 of Rajasthan Civil Services Appeals Tribunal (hereinafter the tribunal) whereby the appeals preferred by the respondents employees aggrieved by communication dated 26-11-2007 issuyed by the Chief Engineer, Bisalpur Project & Establishment (Non Gazetted) Department of Water Resources, Government of Rajasthan, denying them benefit of selection grade of the promotional post available under Rajasthan Irrigation Sub ordinate service rules, were allowed. 2- Precisely, the facts relevant are that State Government with a view to provide relief to the employees in Class IV, Ministrial & Subordinate Serbvices and those holding isolated posts, vide order dated 25-1-1992 prescribed three selection grades on completion of service of 9,18,27 years. However, consequent upon revision of pay scale of the State Government employees from 1.9.96 under Rajasthan Civil Services (Revised Pay Scale) Rules, 1998, after due consideration in supersession of aforesaid order and all order issued in this regard in the part the Government of Rajasthan issued order dated 17-21998 prescribing revised selection grades for the Government Servants belonging to the categories indicated above. 3- The respondent employees initially appointed on the post of Helper under Rajasthan P.W.D.(B&R) including Gardens, Irrigation, Land Development (Programme) Circle C.A.D. Chambal Department Kota Including its Division/sub-divisions), water works ayurved and forest Department excluding departmental Operation Circle) work charged service Rules, 1964 (The Rules of 1964) were declared semi permanent after completion of two year service and permanent after completion of ten years services. However, vide notification dated 28-2-94 all the work charged employees who were initially appointed under the rules of 1964 have been treated as State Government employees and benefit of selection grades was also extended to them vide notification dated 30.9.98 issued by the State Government, As per clause 3 of the said notification the services of the work charged employees for the purpose of grant of selection grade shall be counted from the date of declaration of the concerned employees as semi permanent. 4- As per paragraph 5 of the order dated 17.2.08, the employees in Class IV Ministerial & Subordinate services were made eligible for extending selection grade on completion of 9,18 and 27 years of service in the pay scale admissible to next promotion post provided that the employee has not got one, two or three promotions respectively earlier as might be available in his existing cadre. However in case where there is no next promotion post in the same service/cadre of the employee does not possess academic qualification prescribed for promotional and in respect of isolated posts, it is provided that first, second & third selection grade shall be the pay scale corresponding to the exiting pay scale of the post held by the employees as specified in paragraph 5 of the order. 5- The respondents employees were denied the selection grade in the pay scale of the next promotion post for the reason that in absence of the rules providing for promotional avenues to the Helper, they are not entitled to get benefit of selection grade in the promotional pay scale, The position in this regard was clarified by the Chief engineer Water resources, Rajasthan Jaipur vide communication dated 26-11-07 sent to the Chief Engineer, Mahi Bajaj Sagar

Project, Banswara in these circumstances the respondents employees assailed the validity of a decision of the State Government as contained in communication dated 26-11-07 by way of appeals before the tribunal. 6- The tribunal after due consideration opf the matter arrived at the finding that the employees working in different projects under the state government were accorded promotions in the past and therefore, the State Government is not justified in contending that since no promotional avenues were available therefore, the respondents employee and their likes are not entitled for the grant of selection grade of the promotional post. Accordingly, the appeals preferred on behalf of the respondents employees were allowed by the tribunal vide a common order dated 18-9-09 7- Aggrieved thereby, the State Government preferred writ petitions before this court, which stand dismissed by the order impugned, Hence these special appeals. 8- The learned Single judge after due consideration of the matter arrived at a categorical finding that through no order of the head of the department is available on record prescribing channel of promotion to the employees of the project concerned, however, on the basis of promotion orders placed on record before tribunal, it can well be inferred that a definite decision was taken to promote helpers as help Gr. I and then to the next higher post and therefore, the selection grades are also required to be gien to the respondents employees in the pay scale admissible to the promotion posts. That apart, the learned single judge observed that the State Government having decided to abolish the entire work charged cadre and absorb the work charged employees engaged under the standing orders in the regular cadre in phased manner and the respondents employers having been taken on the regular cadre pursuant to the order dated 28.2.94 even prior to issue of notification dated 17-2-98 and therefore, the respondents employees being holders of regular post for all purposes they have to be treated as government servants and as such now they cannot be subjected by the standing orders relating to work charged employees. 9- Learned additional government counsel contended that the learned single judge has seriously erred in holding that the stand of the appellants herein that there is no promotional avenue available to the respondents-employees it ill founded. Learned counsel submitted that learned single judge has also erred in holding that after placement in regular cadre for all purposes, the work charged employees are require to be treated as government servants and as such they could not have been subjected by the Standing Orders relating to the work charged employee. Learned counsel submitted that as per paragraph 4 of notification dated 17-2-98, the employee who does not possess academic qualification prescribed for promotion and those holding isolated posts, the selection grade shall be as specified in the said paragraph and therefore, the question of granting selection grade of promotional post to such employees does not arise. 10- We have considered the submission of the learned Additional Government Counsel and perused the material on record. 11- It is not disputed by the learned Additional Government Counsel that the respondents employees were holding the post of Helper under the Rules of 1964 and the number of persons holding the post as Helper were accorded promotion on the post of Helper Gr.I, the post of Pump Driver as well as

Generator Driver etc. in different wings of Department of Irrigation. The stand taken by the respondents before the tribunal in terms that such promotion order were issued even in respect of the work charged employees working in Mahi Project, Banswara was also not disputed by the appellants herein. It is also not in dispute that the persons who were employed in Mahi Bajaj Sagar Project and were transferred to Indira Gandhi Nahar Project were allowed first, second and third selection grade on completion of 9,18, & 27 years of service in the pay scale admissible to the promotion post. In this view of the matter in considered opinion of this court, the appelants are not justified in contending that the respondents employees are not entitled to the selection grades in terms of order dated 17-2-2008 in the pay scale admissible to the promotion post. The state government cannot be permitted to take a different yardstick in respect of grand of selection grades to the work charged employees who are working in the different projects but now stand absorbed in the regular cadre by virtue of order dated 28.2.94. Moreover, the respondents herein who where working as work charged employees having been absorbed in the regular cadre has to be treated regular empoyees of the State Government for all intent & purpose and therefore, even in the matter of grant of selection grade in terms of the order dated 17.2.2008 which does not excludes such employees from the benefit of selection grades of promotion post, cannot be picked up for different treatment being given. 12- The contention of the learned Additional Government Counsel that the learned Single Judge has committed an error in directing grant of selection grade to all the respondents employees ion the pay scale admissible to the promotional post is also devoid of any merit. It goes without saying that the respondents employees in the pay scale admissible to the promotional post is also devoid of any merit. It goes without saying that the respondents employees shall be entitled for the grant of selection grade in conformity with the order dated 17.2.98 issued by the State Government. As notices above, as per paragraph 4 of the order dated 17.2.98, the first second and third selection grade wherever admissible in terms of the said order shall be the pay scale of next promotion post in the same service cadre i.e. class IV ministerial sub ordinate service. However, in case there is no next promotion post in the same service cadre or the employee does not possess academic qualification prescribed for promotion post and in respect of isolated posts, the selection grade shall be the pay scale corresponding to his existing pay scale (pay sale of post held) as specified in paragraph 5. This it is abundantly clear that even if the promotional avenue is available in the existing service/cadre, the employee shall not be entitled for the grant of selection grade of the next promotion post if he does not possess academic qualification prescribed for the said promotion post. Suffice it to say that the respondents employees cannot claim pay scale of the next promotion post as a matter of right if they do not possess the requisite academic qualification if any prescribed for the said post. 13- In view of the discussion above the special appeals lack merits the same are here by dismissed with clarification as above