IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.5613/1995. Gopi Lal Sharma Versus The Collector (Land Records) Bundi & Anr. Date of order:- June 29, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Manoj Pareek for the petitioner. Shri Sayyed Zakawat Ali, Additional Government Counsel. ***** BY THE COURT:-
This writ petition has been filed by the petitioner aggrieved by the inaction of the respondents for not granting him benefit of Selection Scale in terms of the Government circular dated 25/1/1992 on completion of period of 27 years even though such Selection Scale was granted to the others.
2) Contention of Shri Manoj Pareek, learned counsel for petitioner is that Selection Scale was denied to the petitioner on the premise that vide order dated 5/2/1988, he was awarded penalty of stoppage of three annual grade increments without cumulative effect. By the order dated 7/12/1992 (Exh.2) benefit of Selection Scale was granted to his juniors Gani Mohammed and Sangram Singh. Learned counsel relied on the judgment of Supreme Court in Union of India and others Vs. K.Krishnan in 1992(6) SLR 734 and argued that the Supreme Court in the aforesaid judgment held that after currency of punishment is over, employee cannot be denied promotion. It is submitted that petitioner has sought voluntary retirement from service on 20/4/1995.
3) Shri Sayyed Zakawat Ali, learned Additional Government Counsel opposed the writ petition and submitted that grant of Selection Scale cannot be automatic and that in doing so, Government has to see satisfactory service record of past 9 years of an employee as envisaged in the Government circular dated 25/1/1992.
4) The controversy involved in the present writ petition is squarely covered by the judgment of the Supreme Court rendered in K.Krishnan supra.
5) In view of above, benefit of Selection Scale cannot be withheld although respondents may be justified in deferring such benefits for a period of three years corresponding to the number of years during which his grade increments were withheld by way of penalty.
6) In the result, writ petition is allowed in part and the respondents are directed to grant benefit of second and third Selection Scale to the petitioner on completion of 18 and 27 years of service. Petitioner shall be entitled to consequential benefits including revision of his pension and other retiral dues in terms of the aforesaid judgment. Petitioner shall also be entitled for interest @9% per annum on all such amount.
Compliance of the judgment shall be made within a period of three months from the date its copy is produced before the respondents.
(MOHAMMAD RAFIQ), J.
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