SBCWP NO.4782/04. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.4782/2004. Ashok Kumar Jain Vs. R.S.R.T.C. & Anr. Date of Order : September 23, 2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Keshav Agrawal for the petitioner. Shri O.P. Sharma for the respondents. **** BY THE COURT : The writ petition has been filed aggrieved by denial of first selection scale to him upon completion of 9 years with effect from 1/12/1993 and second selection scale upon completion of 18 years with effect from 1/12/2002. 2) Respondents in reply to the writ petition have contested the claim of the petitioner relying on their own Circular dated 21/5/2004 according to which, the Conductors who were awarded monetary penalties upto the amount of Rs.5000/- woudl receive selection scale late by one year, upto Rs.25,000/- by two years and three years. Learned counsel for the petitioner in rejoinder placed on record earlier circular of the respondents dated 15/2/1997 according to which, requriement of grant of selection scale would be satisfactory service record of preceding seven years. In fact, petitioner has produced on record the order of the respondents dated 15/3/2007 according to which, SBCWP NO.4782/04. 2 Circular dated 21/5/2004 would have only prospective application. Obviously, case of the petitioner would be governed by the circular dated 15/2/1997 and not by 21/5/2004 as per own showing of the respondents. 3) In the result, the writ petition is allowed. Respondents are directed to consider and grant benefit of selection scale to the petitioner in terms of the circular dated 15/2/1997. Compliance of the judgment shall be made within three months from the date copy of this judgment is produced before the respondents. (MOHAMMAD RAFIQ), J. anil/-