1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.8815/2002. : : Sohan Lal Sharma Vs. State of Rajasthan & Ors. : : Date of Order 16.12.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Dr.Y.C.Sharma for the petitioner. Mr.Hemant Gupta, Addl.Govt.Counsel for the State. Heard learned counsel for the petitioner. Learned counsel for the petitioner has argued that the petitioner in the present case was granted first selection grade 24.6.1993 w.e.f. 25.1.1992 and subsequently second selection was granted on 15.5.1995 w.e.f. 4.9.1994. He was offered promotion vide order dated 4.9.1994 but he declined the same due to personal circumstances. The respondents by order dated 11.12.1998 withdrew the benefit of third selection scale. It was argued that promotion offer declined subsequent to grant of selection scale cannot be basis for withdraw such selection scale. Learned counsel cited judgment in the case of Smt. Shanti Devi Vs. State of Rajasthan & Ors. : SB Civil Writ Petition No.433/1998 decided on 8.4.2002 in which this Court held as under :- 2 “The order passed by the respondent No.3 on 6.11.1997 is apparently erroneous. The selection grades granted to the petitioner could be revised only if the promotion offered was made prior to grant of selection grade i.e. before completion of 18 and 27 years of service respectively. Once the selection scale/grades were granted to the petitioner on completion of 18 years of service or on completion of 27 years of service it cannot be withdrawn on the ground that the promotion given to the petitioner was declined by her on a later date.” The learned counsel appearing for respondents is not in a position to controvert that the controversy raised in this present matter is squarely covered by the aforesaid case. In the result, this writ petition is allowed in terms indicated in the aforesaid judgment of Smt. Shanti Devi (supra). The impugned order dated 11.12.1998 is quashed and set aside. The petitioner is held entitled to consequential benefits. 3 Compliance of the judgment be made within three months from the date its copy is produced before the respondents. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.41.