SBCWP NO.3939/1995– PRATAP SINGH V/S STATE AND ANOTHER: JUDGMENT DTD.18.9.2008 1/4 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.3939/1995 Pratap Singh versus State of Rajasthan and another. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.S.L.Jain,for the petitioner Mr.O.P.Boob, Addl. G.A., for the respondents. DATE OF JUDGMENT : 18th September, 2008. JUDGMENT 1. Heard the learned counsel for the parties. 2. The only controversy which remains in the present writ petition is grant of selection pay scale on completion of 27 years of services under the circular dtd.25.1.1992 under which the State Government in order to resolve the problem of stagnation at the lowest Scale in the cadre allowed increase in the pay of the employees on completion of 9, 18 and 27 years of service which were covered by the said order. SBCWP NO.3939/1995– PRATAP SINGH V/S STATE AND ANOTHER: JUDGMENT DTD.18.9.2008 2/4 3. The learned counsel for the petitioner submits that since the petitioner was first appointed as Patwari on 20.3.1964, the benefit due to him on completion of 27 years of service, would accrue to him in the year 1992 itself in accordance with the said circular dtd.25.1.1992. Therefore, the respondents were not justified in according him said benefit w.e.f. 25.1.1997 which date later on has been corrected to 25.1.1996 vide order dtd.23.7.1998 as pointed out by the learned counsel for the respondents. The learned counsel for the petitioner further submits that the said benefit could not be withheld by the respondents on account of penalty imposed upon the petitioner because as far as question of major penalty is concerned, the penalty by way of withholding two increments with cumulative effect was set aside by the Appellate Authority by order dtd.26.8.1997 (Annex.11) filed with the rejoinder and other minor penalty in the form of censure and withholding of increment without cumulative effect cannot be taken into consideration for delaying grant of benefit of circular dtd.25.1.1992. He pointed out the terms of aforesaid circular dtd.25.1.1992 which does not contain any such stipulation. 4. Having heard the learned counsel for the parties and upon perusal of the record of the case, no justifiable reason is seen behind SBCWP NO.3939/1995– PRATAP SINGH V/S STATE AND ANOTHER: JUDGMENT DTD.18.9.2008 3/4 denying or delaying the grant of benefit to the petitioner we.f. 25.1.1992. Since he completed 27 years of service from 20.3.1964 in the year 1991. In view of this, a direction deserves to be given to reconsider the case of the petitioner and grant him benefit under the circular dtd.25.1.1992 upon completion of 27 years of service in the year 1992 itself. Except for the reason of imposition of minor penalties, if the respondents have some other valid reasons to deny or delay the grant of such benefit, they may pass appropriate speaking order after giving an opportunity of hearing to the petitioner. However, if no such reason is available to the respondents, the said benefit apparently deserves to be granted to the petitioner from the year 1992. 5. Therefore, this writ petition is disposed of with a direction to the competent authority of the respondent – State to reconsider the case of the petitioner and pass appropriate orders either justifying grant of benefit w.e.f. 25.1.1996 within a period of three months from today and if there is no such valid reasons available to the State to grant him such benefit from 25.1.1992 itself and give him arrears within next three months. SBCWP NO.3939/1995– PRATAP SINGH V/S STATE AND ANOTHER: JUDGMENT DTD.18.9.2008 4/4 6. With these observations, the present writ petition is disposed of. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.3. Ss/-