CW-3306/2003-Ramdeen Vs. State of Rajaasthan & Ors. Judgment dt.29.4.10 1/4 S.B. CIVIL WRIT PETITION NO.3306/2003 Ramdeen Vs. State of Rajaasthan & Ors. Date of order : 29th April, 2010 HON'BLE DR. JUSTICE VINEET KOTHARI Mr. A.K. Acharya for the petitioner. Mr. Sandeep Bhandawat, Addl. Government Advocate. ------- 1. The only grievance raised in this writ petition is that the benefit of grant of selection grade on completion of 9, 18 and 27 years scheme has been withheld in the case of the petitioner only because he was awarded minor penalty of censure vide Annex.1 dated 30.8.1994. 2. Learned counsel for the petitioner relying on the Division Bench judgment of this Court in case of Devi Singh Vs. State of Rajasthan & Ors. - 2004 WLC (Raj.) UC page 327 submitted that the punishment of censure awarded to the petitioner does not affect grant of selection grade to him and, therefore, the respondents ought to have granted him selection grade by now as he has completed 18 years of service and more than that he is going to retire from service tomorrow i.e. on 30.4.2010 upon achieving the age of superannuation. The relevant portion of aforesaid judgment is CW-3306/2003-Ramdeen Vs. State of Rajaasthan & Ors. Judgment dt.29.4.10 2/4 reproduced hereunder:- “The grant of selection grade is not dependent on availability of any limited number of posts within the cadre so as to form a separate class. Nor it involves a restrictive selection or limited number of post by assessing comparative level of performance or seniority or availability of posts. The grant of selection scale follows the completion of services in the cadre for a number of years without getting any promotion to next higher post within that period. Whosoever completed 9, 18 & 27 years of service, he or she became entitled to grant of selection grade as a matter of course. Grant of Selection Scale to certain posts within the cadre by way of promotion requiring special skill and involves element of selection before grant of Selection Scale to the incumbent and could not be equated with the grant of Selection Scale to every person on completion of a specified period in service without having any promotion. Selection grade is intended to ensure that capable employees who may not get a chance of promotion on account of limited outlets of promotions should be least be placed in the selection grade to prevent stagnation on the maximum of the scale and are therefore, created in CW-3306/2003-Ramdeen Vs. State of Rajaasthan & Ors. Judgment dt.29.4.10 3/4 the interest of greater efficiency.” 3. Learned counsel for the respondents, Mr. Sandeep Bhandawat submits that clause 7 of the relevant Rules published by order dated 17th February, 1998 Annex.R/1 submitted with the reply to the writ petition, the selection grade in terms of that order can be granted only to those employees whose record of service is satisfactory and the record of the service which makes one eligible for promotion on the basis of seniority shall be considered to be satisfactory for the purpose of grant of the selection Grade. 4. Having heard learned counsels, this Court is of the view that the controversy is covered by the aforesaid Division Bench judgment of this Court in the case of Devi Singh Vs. State of Rajasthan & Ors. (supra) and merely on account of punishment by way of censure awarded vide order dated 30.8.1993, the grant of selection grade to the petitioner could not have been withheld by the respondents. 5. Consequently, this writ petition is allowed and the respondents are directed to consider the case of the petitioner for grant of selection grade within a period of four weeks from today and CW-3306/2003-Ramdeen Vs. State of Rajaasthan & Ors. Judgment dt.29.4.10 4/4 no further extension of time shall be granted and monetary benefits including the arrears thereof may be paid to the petitioner within four weeks thereafter. If within 8 weeks from today, the petitioner is not paid the arrears on account of grant of selection scale, the competent authority, who is to grant such selection grade to him, shall pay a cost of Rs.5,000/- to the petitioner and further interest at the rate of 12% per annum commencing from 1st July, 2010 which shall also be recoverable from the said authority. [ DR. VINEET KOTHARI ], J. item No.s/7 babulal/