1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.2458/05 Laxmi Narain vs. State & Ors. Date of order : 20/8/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri N.K. Bhatt for the petitioner. Shri P.N. Paliwal for the respondent. ****** Heard learned counsel for the parties. The writ petitioner has prayed for two reliefs in the present writ petition; one is that the respondents be directed to grant him the benefit of selection scale from 5.10.1984 since when the petitioner has been actually discharging the duties on the post of driver to make his fixation by treating his services with effect from his initial appointment as Bhisti on 25.4.1962 and accordingly grant him the benefit of selection scale and secondly that the respondents be further directed to prepare his pension papers and to pay him pension and other retiral benefits by treating his services from the date of initial appointment i.e. 2 25.4.1962 till he was retired on 31.12.2003. Shri P.N. Paliwal, learned counsel for the respondent opposed the prayer with regard to the grant of selection scale by submitting that the petitioner was allowed to work as driver only by stop age arrangement and then finally he was appointed as driver by order dated 25.1.1999. Since it was a change of cadre, therefore, for the first time, the petitioner was appointed on that day. The first selection scale shall be admissible on completion of nine years from that day and therefore there is no question of grant of second selection scale. Learned counsel however could not give any satisfactory explanation as to why the entire period of service of the petitioner from the date of initial appointment on 25.4.1962 till he retired on 31.12.2003 could not qualify for pension and grant of other retiral benefits. 3 The writ petition is therefore allowed in part. The respondents are directed to treat the period of service rendered by the petitioner from the date of initial appointment on 25.4.1962 till he retired on 31.12.2003 and accordingly grant him benefits of pension, gratuity and other retiral dues in accordance with Rules. Compliance of the judgement be made within three months from the date copy of this judgement is produced before the respondents. (MOHAMMAD RAFIQ), J. RS/