1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.8071/2007. : : Ramesh Chand Sharma Vs. State of Rajasthan & Ors. : : Date of Order 17.8.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Brij Sharma for the petitioner. Ms. Priyanka Pareek, Dy.Govt.Counsel for the State. This writ petition has been filed by the petitioner with the prayer that respondents be directed to grant him benefit of selection scale in terms of circular dated 25.1.1991 w.e.f. 15.9.1990 the date on which he was granted regular pay scale. Contention of learned counsel for the petitioner is that respondents by order dated 15.12.1993 granted regular pay scale w.e.f. 15.9.1990 in terms of judgment of this Court in SBCWP No.643/1990 : Satya Narain Sharma Vs. State of Rajasthan decided on 23.7.1992. Once they have granted benefit of regular pay scale w.e.f. 15.9.1990 and have also granted benefit of seniority by order dated 26.9.1995 w.e.f. 15.9.1990, they ought to also treat him regular employee on 2 that date, therefore, count his period for grant of selection scale for 9, 18 and 27 years of service. Learned counsel for the respondents opposed the writ petition and submitted that controversy raised in the present case is squarely covered by judgment of Supreme Court in State of Rajasthan & Ors. Vs. Jagdish Narain Chaturvedi : Civil Appeal No.3620/09 (arising out of SLP (C) No.2848 of 2006) decided on 8.5.2009 wherein the Supreme Court has held that selection scale has to be granted only from the date the appointment is substantive and not from the date appointment is made on ad-hoc, temporary and daily wages basis. Petitioner was appointed on ad-hoc basis on 16.4.1985 and thereafter pursuant to judgment of Satya Narain Sharma who was junior to petitioner, was also granted salary in regular pay scale plus usual allowances w.e.f. 15.9.1990, but that was only with regard to payment of salary and not for grant of regular appointment from that date. In view of above, petitioner obviously can be granted benefit of selection scale only from the date he was made permanent. If however any arrear of the petitioner is due from the date on which he was made permanent and 3 onwards the respondents shall consider and make payment of the same to the petitioner as earliest as possible. The writ petition is dismissed accordingly. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.77.