### Limited Departmental Examination counts as Direct Recruitment for granting time-bound higher pay scales.

The ten petitioners were appointed as Headmasters (Primary School) following their selection through the Limited Departmental Service Examination in 2010.

Having completed over 10 years of service in said capacity without receiving promotions, the petitioners sought the benefit of a time-bound pay scale as per the State’s Circular dated 28.04.2008.

Following a previous High Court direction in WPS No. 8092/2022 to decide their representation, Respondent No. 2 issued an impugned order on 23.12.2022 rejecting the claim.

The rejection was grounded on the contention that the petitioners were not "direct recruits" but were promoted, and thus ineligible under the 2008 Circular.

1. Whether recruitment through a Limited Departmental Service Examination qualifies as "Direct Recruitment" for the purpose of granting a time-bound higher pay scale under the Circular dated 28.04.2008.

2. Whether the petitioners are entitled to the higher pay scale benefits upon completion of the requisite years of service.

The Court applied the provisions of the State Finance Department Circular dated 28.04.2008, specifically Paragraph 3, which mandates a time-bound higher pay scale for Group ‘A’ and ‘B’ officers after 8 years and Group ‘C’ employees after 10 years of service.

The rule defines "Direct Recruitment" (सीधी भर्ती) to include not only open competitive examinations through the Public Service Commission but also selections made through "Limited Departmental Selection Examinations" where departmental employees are eligible to participate.

The Court examined the definition of "Direct Recruitment" provided in Paragraph 3 of the 2008 Circular and found it to be expansive.

It noted that the Circular explicitly encompasses appointments made through limited departmental competitive exams and departmental recruitment for promotional posts within the ambit of direct recruitment for pay-scale benefits.

Since it was undisputed that the petitioners were selected through the Limited Departmental Service Examination in 2010 and had completed the mandatory 10-year service period for Group ‘C’ posts, the Court reasoned that the respondents' interpretation—classifying them as promotees ineligible for the scheme—was contrary to the express language of the Circular.

Consequently, the Court quashed the impugned rejection order and declared the petitioners entitled to the benefits stipulated in the Circular dated 28.04.2008.

The writ petition was disposed of with directions to the respondents to grant the applicable higher pay scale.