1 S.B. CIVIL WRIT PETITION NO.4581/2004 (Chandra Prakash Deora vs. State & Ors.) Date of Order :: 29.04.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Vinay Jain, for the petitioner. Mr.B.L. Bhati, Dy. Govt. Advocate. In this case, the petitioner has prayed for quashing the impugned order dated 28th April, 2003. Further it is prayed that any other relief which is considered just and proper may be granted in favour of the petitioner. Upon perusal of the impugned order dated 28th April, 2003, it is revealed that selection scale granted to the petitioner after completion of 18 years of service in the pay scale of 7500-12,000 dated 25th January, 2000 was cancelled on the ground that the petitioner has foregone the promotion made in his favour vide order dated 09th October, 2000 Annexure-1. According to the respondents, the employee after getting selection scale refused to avail promotion opportunity and foregone promotion, then as per notification dated 04th December, 1996 he is not entitled for grant of selection scale. In this view of the matter, the order Annexure-5 dated 2 28th April, 2003 does not require any interference by this Court. However, subsequently petitioner was promoted to the post of Head Master and he has availed the opportunity of promotion, therefore, now respondents are required to consider his case for restoring selection scale in view of the order dated 01st June, 2005 passed by Education Department. The petitioner is at liberty to file representation claiming his right for restoration of his selection scale under order dated 01st June, 2005 within a period of one month from today. Upon filing the said representation, the respondents are directed to decide the claim of the petitioner for restoring selection scale in pursuance of order Annexure-C filed along with additional affidavit dated 01st June, 2005 within a period of one month thereafter. With these directions, the writ petition is disposed of. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/-