IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. S.B.Civil Writ Petition No.7377/2002. Surendra Kumar Verma Versus. State of Rajasthan & Anr. Date of Judgment: 13.2.2009. Hon'ble Mr.Justice Mohammad Rafiq. Mr.M.K.Verma for the petitioner. Mr.Zakir Hussain Addl.G.A. BY THE COURT: This writ petition has been filed by the petitioner aggrieved by the action of the respondents in not granting him benefit of First Selection Scale and salary with arrears for the period of two months. The petitioner was initially appointed as Compounder and posted with the respondent Government Ayurved Hospital, Gogera. According to the learned counsel for the petitioner , the petitioner was on leave from ..2.. 19.5.2000 to 22.5.2000 and the petitioner submitted an application in that behalf. It is submitted that the Medical Officer In- charge of the said Hospital was against him and instead of accepting leave, he marked absence of the petitioner for two months. Not only he did not pay salary for two months but also withheld the payment of Selection Scale which became payable to him immediately on 25th January, 1992. The respondents contested the writ petition and have submitted that the Selection Scale was not granted to the petitioner because he did not have “good” service record. His APAR of the year 1990 were adverse and also there are several complaints against him. On perusal of reply to writ petition it appears that at one stage, in Para 3 of the ..3.. reply, it is stated that the petitioner was on sanctioned leave for the aforesaid period whereas in another Para 5, it is stated that he was absent from duties for the above referred period of 2 months from January to March 1998 was not yet finalized. It is, therefore, contradictory stand whether or not the petitioner was granted to leave. If the leave for the aforesaid period has been sanctioned, the period of absence would have to be taken as regularized, entitling the petitioner to salary for the same and if the leave is not due, then leave without pay. More over, one APAR being adverse within the span of 9 years would not permanently bar the petitioner from receiving benefit of Ist Selection Scale. Circular dated 25.1.1992, provides for grant of benefit of Selection Scale to such government servants who have satisfactory ..4.. service. One adverse remark in APAR can delay grant of such selection scale to the petitioner by maximum one year. In the result, this writ petition is allowed with the direction to the respondents to grant the Selection Scale to the petitioner w.e.f. 25 January,1993 and the salary for the aforesaid period of two months. The respondents are further directed to give annual grade increment for the year 1998 and also grant benefit of revised pay- scale of 1996 w.e.f Ist September 1996 and to make payment of due annual grade increments by granting benefit of revised pay-scales from time to time. Compliance of this judgment be made within three months from the date of the receipt of copy of this judgment. (Mohammad Rafiq)J k.