CW 11615/09 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.11615/09 Satya Narain Sharma Versus State & Anr. DATE OF ORDER : 17/09/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. S.C. Gupta, for petitioner *** Petitioner, who is working as UDC, was earlier granted the benefit of second selection scale vide order dt.27th June, 1997 which stood revised w.e.f. 10th May, 2000 and accordingly, fixation has been revised vide order dt.11th February, 2009 [Ann.3]. Since it was passed without affording opportunity of hearing to the petitioner, he made detail representation to the authority – in pursuant thereto, he has been informed vide communication dt.10th August, 2009 that as he was punished with the penalty of stoppage of three annual grade increments with cumulative effect vide order dt.8th September, 1988. As such, the benefit of grant of selection scale was deferred by three years taking note of penalty inflicted upon him. It is true that before passing order dt.11/2/2009 [Ann.3], opportunity was not afforded to him, but on representation being made CW 11615/09 [2] reason has come forward which prevailed upon the respondents for taking decision in passing order dt.10th August, 2009. In opinion of this court, decision, which has been taken by the respondents, is certainly appealable before the Tribunal under the Act, 1976. In view of alternative remedy available to the petitioner, this court is not inclined to exercise extraordinary jurisdiction U/Art.226 of the Constitution of India. However, petitioner will be at liberty to raise all available objections before the Tribunal. Accordingly, writ petition stands dismissed. [AJAY RASTOGI], J. FRBOHRA11615CW09 17-9.doc