(From previous issue) :
12. The second point is whether the petitioners are entitled to the service benefits salary, time scale etc. from the date of their joining in the revenue budget or from the date of joining in the development project.
13. Rule 5 of the 2005 Rules states as follows:-
Ó5| †R¨ôZv wba©viY-
(1) GB wewagvjv Aaxb wbqwgZK…Z †Kvb Kg©KZ©v ev Kg©Pvixi †R¨ôZv wba©vi‡Yi †ÿ‡Î Zvnvi PvKzix wbqwgZKi‡Yi ZvwiL nB‡Z MYbv Kiv nB‡e|
(2) †Kvb Dbœqb cÖK‡í GKB Zvwi‡L wb‡qvMcÖvß GKvwaK Kg©KZ©v ev Kg©Pvixi †R¨ôZv wbgœiƒc wba©vwiZ nB‡e, h_vt-
(K) Dbœqb cÖK‡í wb‡qv‡Mi mgq mswkøó KZ…©cÿ KZ…©K cÖ¯’ZK…Z †gav ZvwjKv ev cÖ`Ë b¤^‡ii †MÖwWs, hw` _v‡K, Gi wfwˇZ ;
(L) `dv (K) G DwjøwLZ ZvwjKv ev cÖ`Ë b¤^‡ii †MÖwWs bv _vwK‡j †mB‡ÿ‡Î b~¨bZg wkÿvMZ †hvM¨Zv AR©‡bi erm‡ii wfwˇZ Ges D³ ermi GK ermi nB‡j ‡mB †ÿ‡Î eq‡mi wfwˇZ|
(3) †Kvb Dbœqb cÖK‡íi c~‡e© wb‡qvMcÖvß †Kvb Kg©KZ©v ev Kg©Pvix cÖ‡qvRbxq KvMRc‡Îi Afv‡e, c`vwaKvixi ÎæwUi Kvi‡Y bq, GKB c‡` c‡i wb‡qvMcÖvß Kg©KZ©v ev Kg©Pvixi c~‡e© ev GKB m‡½ wbqwgZ bv nBqv cieZx© mg‡q wbqwgZ nB‡e †mB‡ÿ‡Î c‡i wbqwgZ nIqv m‡Ë¡I c~‡e© wbqwgZK…Z Kg©KZ©v ev Kg©Pvixi Dci Zvnvi †R¨ôZv wba©vwiZ nB‡e|
(4) GKvwaK Dbœqb cÖKí nB‡Z GKB c‡` `yB ev Z‡ZvwaK Kg©KZ©v ev Kg©Pvix‡K wbqwgZ Kiv nB‡j †mB‡ÿ‡Î Dbœqb cÖK‡í †hvM`v‡bi Zvwi‡Li wfwˇZ †R¨ôZv wba©vwiZ nB‡e|
(5) GKvwaK Dbœqb cÖKí nB‡Z GKB c‡` `yB ev Z‡ZvwaK Kg©KZ©v ev Kg©Pvix‡K wbqwgZ Kiv nB‡j Ges Zvnv‡`i †hvM`v‡bi ZvwiL GKB nB‡j †mB‡ÿ‡Î eqt‡R¨ôZv wba©vwiZ nB‡e|
(6) wbqwgZfv‡e wb‡qvMcÖvß Kg©KZ©v ev Kg©Pvixi wb‡qv‡Mi ZvwiL Ges wbqwgZK…Z Kg©KZ©v ev Kg©Pvixi wbqwgZKi‡Yi ZvwiL GKB nB‡j †mB‡ÿ‡Î wbqwgZfv‡e wb‡qvMcÖvß Kg©KZ©v ev Kg©PvixMY wbqwgZK…Z Kg©KZ©v ev Kg©PvixM‡Yi Dci †R¨ôZv cvB‡eb|Ó
Rule 5( 1) states quite clearly that seniority an employee will be from the date of his
service is regularized by the authority. In the instant case it appears that the petitioners’ service was regularized on 1-6-2009 as apparent from the Memo No. Shapakom/Proba-1 /stayee/ Rajeswa-01/2009/205/1(24) dated 7-10-2009 issued by the Deputy Secretary, Ministry of Health and Family Welfare (Annexure C). In such view of the matter, petitioners’ seniority will be determined from the said date.
15. The next question from which date the petitioners’ salary, leave and other service benefits is to be determined.
16. Rule 6 of the aforesaid 2005 Rules states as follows:
Ó6| Dbœqb cÖK‡íi PvKzixKvj MYbv- wbqwgZK…Z †Kvb Kg©KZ©v ev Kg©Pvixi Dbœqb cÖK‡í PvKzixKvj Zvnvi †eZb, QzwU, †cbkb I Avbylw½K myweavw` wba©vi‡Yi †ÿ‡Î MYbv Kiv nB‡e|
17. The language of the Rule 6 is very clear.
An employee’s service period is to he determined by taking into account his period of employment in the development project. His salary, leave, pension and other related benefits are to be determined by taking into account his service period in the development project.
18. In the instant case it appears that the petitioners joined the development project in 1993.
19. In an unreported judgment in Civil Petition for Leave to Appeal No. 308 of 2013 the Appellate Division of the Supreme Court has held as follows:
“In respect of counting the period of service, rule 6 provides that the period in service in the development projects will be counted for determining regularized employees and officers in respect of their salary, leave, pension and other benefits.
The expression ÕAvbylw½K myweavw`Õ used in this Rule includes all benefits available to an officer or employee and there is no scope to construe this expression in a restrictive manner. This expression includes salary, leave, pension and other incidental or associated benefits.
These Rules have been framed for the benefit of the officers and employees who have been absorbed in the revenue set up from the development projects. Therefore, while interpreting the words used in the Rules beneficial construction should be given.
Nevertheless, according to the interpretation of statutes, even where the usual meaning of the words falls short of the object of the legislature,. a mere extended meaning may be attributed to them, if they are fairly susceptible of it.”
20. From the aforesaid, it appears that the Appellate Division has clearly affirmed that Rule 6 of 2005 Rules clearly entitled an employee transferred from the development project to the revenue set up to enjoy salary, leave, pension and other service benefits from the date of his entry/joining the development project.
In such view of the matter, we find merit in this Rule. Accordingly the Rule is made absolute in part. The impugned Memo dated 24-3-2008 (Annexure D) issued by the respondent No. 4 debarring time scale, selection grade is declared to have been issued illegal and ultra vires of Rule 6 of the Rules, 2005 and the respondents are directed to allow time scale, selection grade and related service benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
(Concluded)
12. The second point is whether the petitioners are entitled to the service benefits salary, time scale etc. from the date of their joining in the revenue budget or from the date of joining in the development project.
13. Rule 5 of the 2005 Rules states as follows:-
Ó5| †R¨ôZv wba©viY-
(1) GB wewagvjv Aaxb wbqwgZK…Z †Kvb Kg©KZ©v ev Kg©Pvixi †R¨ôZv wba©vi‡Yi †ÿ‡Î Zvnvi PvKzix wbqwgZKi‡Yi ZvwiL nB‡Z MYbv Kiv nB‡e|
(2) †Kvb Dbœqb cÖK‡í GKB Zvwi‡L wb‡qvMcÖvß GKvwaK Kg©KZ©v ev Kg©Pvixi †R¨ôZv wbgœiƒc wba©vwiZ nB‡e, h_vt-
(K) Dbœqb cÖK‡í wb‡qv‡Mi mgq mswkøó KZ…©cÿ KZ…©K cÖ¯’ZK…Z †gav ZvwjKv ev cÖ`Ë b¤^‡ii †MÖwWs, hw` _v‡K, Gi wfwˇZ ;
(L) `dv (K) G DwjøwLZ ZvwjKv ev cÖ`Ë b¤^‡ii †MÖwWs bv _vwK‡j †mB‡ÿ‡Î b~¨bZg wkÿvMZ †hvM¨Zv AR©‡bi erm‡ii wfwˇZ Ges D³ ermi GK ermi nB‡j ‡mB †ÿ‡Î eq‡mi wfwˇZ|
(3) †Kvb Dbœqb cÖK‡íi c~‡e© wb‡qvMcÖvß †Kvb Kg©KZ©v ev Kg©Pvix cÖ‡qvRbxq KvMRc‡Îi Afv‡e, c`vwaKvixi ÎæwUi Kvi‡Y bq, GKB c‡` c‡i wb‡qvMcÖvß Kg©KZ©v ev Kg©Pvixi c~‡e© ev GKB m‡½ wbqwgZ bv nBqv cieZx© mg‡q wbqwgZ nB‡e †mB‡ÿ‡Î c‡i wbqwgZ nIqv m‡Ë¡I c~‡e© wbqwgZK…Z Kg©KZ©v ev Kg©Pvixi Dci Zvnvi †R¨ôZv wba©vwiZ nB‡e|
(4) GKvwaK Dbœqb cÖKí nB‡Z GKB c‡` `yB ev Z‡ZvwaK Kg©KZ©v ev Kg©Pvix‡K wbqwgZ Kiv nB‡j †mB‡ÿ‡Î Dbœqb cÖK‡í †hvM`v‡bi Zvwi‡Li wfwˇZ †R¨ôZv wba©vwiZ nB‡e|
(5) GKvwaK Dbœqb cÖKí nB‡Z GKB c‡` `yB ev Z‡ZvwaK Kg©KZ©v ev Kg©Pvix‡K wbqwgZ Kiv nB‡j Ges Zvnv‡`i †hvM`v‡bi ZvwiL GKB nB‡j †mB‡ÿ‡Î eqt‡R¨ôZv wba©vwiZ nB‡e|
(6) wbqwgZfv‡e wb‡qvMcÖvß Kg©KZ©v ev Kg©Pvixi wb‡qv‡Mi ZvwiL Ges wbqwgZK…Z Kg©KZ©v ev Kg©Pvixi wbqwgZKi‡Yi ZvwiL GKB nB‡j †mB‡ÿ‡Î wbqwgZfv‡e wb‡qvMcÖvß Kg©KZ©v ev Kg©PvixMY wbqwgZK…Z Kg©KZ©v ev Kg©PvixM‡Yi Dci †R¨ôZv cvB‡eb|Ó
Rule 5( 1) states quite clearly that seniority an employee will be from the date of his
service is regularized by the authority. In the instant case it appears that the petitioners’ service was regularized on 1-6-2009 as apparent from the Memo No. Shapakom/Proba-1 /stayee/ Rajeswa-01/2009/205/1(24) dated 7-10-2009 issued by the Deputy Secretary, Ministry of Health and Family Welfare (Annexure C). In such view of the matter, petitioners’ seniority will be determined from the said date.
15. The next question from which date the petitioners’ salary, leave and other service benefits is to be determined.
16. Rule 6 of the aforesaid 2005 Rules states as follows:
Ó6| Dbœqb cÖK‡íi PvKzixKvj MYbv- wbqwgZK…Z †Kvb Kg©KZ©v ev Kg©Pvixi Dbœqb cÖK‡í PvKzixKvj Zvnvi †eZb, QzwU, †cbkb I Avbylw½K myweavw` wba©vi‡Yi †ÿ‡Î MYbv Kiv nB‡e|
17. The language of the Rule 6 is very clear.
An employee’s service period is to he determined by taking into account his period of employment in the development project. His salary, leave, pension and other related benefits are to be determined by taking into account his service period in the development project.
18. In the instant case it appears that the petitioners joined the development project in 1993.
19. In an unreported judgment in Civil Petition for Leave to Appeal No. 308 of 2013 the Appellate Division of the Supreme Court has held as follows:
“In respect of counting the period of service, rule 6 provides that the period in service in the development projects will be counted for determining regularized employees and officers in respect of their salary, leave, pension and other benefits.
The expression ÕAvbylw½K myweavw`Õ used in this Rule includes all benefits available to an officer or employee and there is no scope to construe this expression in a restrictive manner. This expression includes salary, leave, pension and other incidental or associated benefits.
These Rules have been framed for the benefit of the officers and employees who have been absorbed in the revenue set up from the development projects. Therefore, while interpreting the words used in the Rules beneficial construction should be given.
Nevertheless, according to the interpretation of statutes, even where the usual meaning of the words falls short of the object of the legislature,. a mere extended meaning may be attributed to them, if they are fairly susceptible of it.”
20. From the aforesaid, it appears that the Appellate Division has clearly affirmed that Rule 6 of 2005 Rules clearly entitled an employee transferred from the development project to the revenue set up to enjoy salary, leave, pension and other service benefits from the date of his entry/joining the development project.
In such view of the matter, we find merit in this Rule. Accordingly the Rule is made absolute in part. The impugned Memo dated 24-3-2008 (Annexure D) issued by the respondent No. 4 debarring time scale, selection grade is declared to have been issued illegal and ultra vires of Rule 6 of the Rules, 2005 and the respondents are directed to allow time scale, selection grade and related service benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
(Concluded)
