1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.3985/02 Prahlad Chand Kuril vs. District & Sessions Judge, Kota Date of order : 6/2/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri R.S. Mehta for the petitioner. Shri Zakir Hussain, Addl. Govt. Counsel for the respondent. ****** Heard learned counsel for the parties. This writ petition has been filed against the refusal of the respondents to grant him the benefit of second selection scale. The petitioner was initially appointed in the services of the respondents on the post of LDC in the office of District and Sessions, Judge, Kota. According to the learned counsel for the petitioner, even though the petitioner was granted the benefit of first selection scale in the year 1986 when he completed 9 years immediately on promulgation of the scheme of grant of selection scale vide the Government notification dated 25.1.1992 because he had already completed 9 years therebefore. His second selection scale which was due in 1995 2 was withheld. The petitioner was also not promoted on the post of UDC, whereas persons junior to him Shri Harbans Singh and Shri Lajpat Rai Saxena were promoted on 5.8.2000. Petitioner submitted representation for grant of these benefits to him and that was not accepted. In the meantime, a criminal case was registered against the petitioner for offences under the Prevention of Corruption Act and charge sheet in the Court was filed against him but petitioner was acquitted by order of the Special Judge dated 23.9.1999. Simultaneously, however, the respondents served upon the petitioner a charge sheet in the departmental enquiry. The petitioner represented that since he was facing criminal trial on the same charges, departmental enquiry could not be held. When petitioner completed 18 years of service, he submitted an application for grant of second selection scale but that was not granted and his representation was rejected by a non speaking order dated 29.5.01. Shri Zakir Hussain, learned Additional Government Counsel submitted that petitioner was not granted benefit of second selection 3 scale because he was caught read handed accepting bribe and a criminal case was also pending against him. Consequently, the respondents initiated a departmental enquiry but that enquiry was closed in view of the request of the petitioner for voluntary retirement and he was voluntary retired with effect from 31.3.01. It was argued that in view of the clause (7) of the Government Circular dated 25.1.1992 read with 17.2.1998, the selection scale could be granted only to those employees whose records of service are found satisfactory. Record of service which make one eligible for the post of promotion on the basis of seniority shall be considered satisfactorily for the purpose of grant of selection scale. In the case of promotion record of the period immediately preceding the date of consideration of promotion is examined and since within that period, service record of the petitioner was not satisfactory, he was not considered fit for being granted second selection scale. The tenure of the reply submitted by the respondents and the arguments which they 4 advanced before this Court clearly indicate that when the second selection scale became due to the petitioner in the year 1995, he was not granted such second selection scale because of the pendency of the criminal case as also the departmental enquiry on similar charges. While in the criminal case, the petitioner has been acquitted by order of the Special Judge, Kota vide judgment dated 23.9.1999, but the respondents accepting request of the petitioner allowed him to voluntarily retire from service and they themselves dropped the departmental enquiry. The matter therefore requires a fresh consideration at their end because these two adversities that were there against the petitioner at that time have now ceased to exist. In the result, this writ petition is allowed in part. The respondents are directed to consider the case of the petitioner afresh and in doing so they may take into account the service record of the petitioner of immediately preceding 9 years from the date he completed 18 years of service and ignore factum regarding criminal 5 case of the department enquiry aforesaid and if during that period his service is found satisfactory, grant him benefit of second selection scale with consequential benefits. Compliance of the judgment be made within a period of three months from the date its copy is produced before the respondents. (MOHAMMAD RAFIQ), J. RS/