CW 3089/02 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.3089/02 The Settlement Commissioner Versus Suresh Chand Sharma & Anr. DATE OF ORDER : 04/04/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Sanjay Srivastava, Dy.G.A., for petitioner *** Instant petition has been filed assailing order of Service Appellate Tribunal dated 22nd September, 1999 on the premise that order granting benefit of selection scale to respondent No.1 on completion of 9 years of service as directed by Tribunal is erroneous and the same deserves to be set aside. Respondent No.1 was appointed as Amin on 17th March, 1979 and according to him, he has completed 9 years of service in March, 1988 and after the pay scale of 1989 became effective he opted the pay scale w.e.f. 14th May, 1993 and became eligible to get the benefit of selection scale in terms of circular of the government dated 25th January, 1992. Earlier selection scale was granted to him on completion of 9 years of service, but the same was later on deferred on the premise that there was adverse remarks in his APARs of 1990-91. Learned Tribunal after taking into consideration observed that since he became eligible for grant of first selection scale on completion of 9 years of service in 1988 and as per record there was no adversity attributed in first 9 years of service which make him entitled for grant of selection scale, as such later adversity if came in his service record will not CW 3089/02 [2] not have been made to be a basis for defer the selection scale which became due to him. Counsel for petitioner submits that respondent No.1 became eligible for grant of selection scale only after he opted pay scale Rules, 1989 which undisputedly were opted by him on 14th May, 1993 and by this time, there was adversity in his APARs of 1990-91 as such selection scale has rightly been deferred by petitioner. This fact has not been disputed that his appointment was on 27th March, 1979 and he completed 9 years of service in March, 1988 and there was no adversity in his record for the period of 9 years which made him eligible for consideration for grant of first selection scale in terms of circular of the government dated 25th January, 1992. If at all there was any adversity later on became part of record certainly could not have been looked into for grant of first selection scale to which he became entitled on completion of 9 years of service and the said record alone was required to be looked into by petitioner for grant of first selection scale. This court does not find any infirmity in the order of Tribunal impugned dated 22nd September, 1999. Consequently, the writ petition fails and is hereby dismissed. [AJAY RASTOGI], J. FRBOHRA3089CW2002 4-4.doc