CW 9534/06 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.9534/06 Dinesh Chandra Sharma Versus Commissioner, Elementary Education & Ors. DATE OF ORDER : 08/12/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Mahendra Singh Gurjar, for petitioner Mr. J.K. Agrawal, Addl. Govt. Counsel, for State *** Instant petition has been filed by petitioner for grant of selection scale on completion of 10 yrs. of service while he was working in the cadre of Primary School Teacher. Petitioner was initially appointed on adhoc basis as Primary School Teacher on 23rd March, 1988 in the pay scale of Rs.800-1690. Thereafter, appointed on temporary basis by Zila Parishad, Jhunjhunu vide order Ann.1 dt.4th April, 1991. Initially his services were regularized vide order Ann.3 dt.22nd December, 1995 w.e.f. 23rd March, 1988. However, screening committee in its meeting held on 21st October, 1995 regularized services of the petitioner w.e.f. 9th April, 1991 and accordingly, by later order Ann.4 dt.12th May, CW 9534/06 [2] 1998 the petitioner's services stood regularized w.e.f. 9th April, 1991. When the matter was sent for grant of first selection scale on completion of 10 yrs. of service, it appears from the record that respondents did not consider him for grant of first selection scale on the premise that his 10 yrs. service can be considered only from the date of recommendations made by the screening committee and not prior thereto and this what has been referred to by the respondents in their reply to legal notice served. In the reply filed by the respondents, the same has been reiterated that he can be considered for selection scale from the date recommendations were made by the screening committee and not prior thereto. As such, he cannot be considered for grant of selection scale on completion of 10 yrs. of service from 9th April, 1991. So far Order Ann.4 dt.12th May, 1998 is concerned, it has neither been amended nor modified at a later stage and once the petitioner's services stood regularized on the recommendations made by the screening committee w.e.f. 9th April, 1991 with retrospective effect CW 9534/06 [3] certainly he became entitled for grant of selection scale on completion of 10 yrs. of service from the date of his regular appointment i.e. From 9.4.91. Objection made by the respondents that he can be considered from the date of recommendations of screening committee, is without substance for the reason that once the committee has recommended the case of the petitioner for regularization with retrospective effect from 9th April, 1991, the respondents could not be said to be justified in relegating his position for the purpose of grant of first selection scale. Consequently, writ petition stands allowed. Respondents are directed to consider candidature of the petitioner for grant of selection scale on completion of 10 yrs. of service from 9th April, 1991 the date from which his service has been regularized. Respondents may ensure compliance within three months. No costs. [AJAY RASTOGI], J. FRBOHRA9534CW06 8-12.doc