CWP 2416/07 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.2416/2007 Chittar Mal Tiwari Versus RSRTC & Anr. Date of Order ::: 12/11/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Ashok Mishra, for petitioner Mr. Muksh Verma, for respondent (RSRTC) Instant petition has been filed seeking release of dues payable to the petitioner as admissible under law consequent upon pay fixation of selection grades on his completion of 9/18/27 years of his service. Petitioner was initially appointed as Conductor on 10/10/1975 and later on posted as booking clerk which he is presently holding. As per Scheme of respondent Corporation, employees in the absence of promotion upon completion of their 9/18/27 years' services, are granted selection scales – in pursuance whereof, selection scales on completion of 9/18/27 years' service were sanctioned in favour of petitioner vide orders No.884 dt.02/06/2005 (Ann.1), No.887 dt.02/06/05 (Ann.2) & No.1193 dt.22/08/06 (Ann.3) and accordingly final pay fixation was also made vide order dt.27/10/2006 (Ann.R.3) but his grievance is that despite his final fixation, respondents failed to release actual benefits CWP 2416/07 //2// which he is entitled for on completion of 9, 18 & 27 years of his service. Respondents have filed reply to writ petition, along therewith, order dt.27/12/06 (Ann.R.3) has been placed on record so as to show that his due pay fixation was made but there is no material on record which may substantiate release of actual benefits which petitioner is entitled for upon pay fixation by virtue of grant of three selection scales in question. It is really very strange that once petitioner became entitled for benefits of selection scales on completion of 9/18/27 years of his service and after due pay fixation being made in respective selection scales, there appears to be no justification to withhold actual benefits to which he became entitled for under law. As regards reference of Circular dt.28/08/04 (Ann.R.1) made by respondents in their reply will not be of any assistance which may deprive employee of his legitimate right accrued of services being rendered. Consequently, writ petition succeeds and and is allowed. Respondents are directed to make payment of all consequential benefits & actual dues admissible under law which the petitioner is entitled in pursuance grant of selection scales CWP 2416/07 //3// on completion of 9/18/27 years' of his service and pay fixation made in pursuance whereof vide orders (Ann.1, 2, 3 & Ann.R.3); accordingly arrears be computed and paid to the petitioner within two months, if not paid as yet, alongwith interest @9% per annum from the date of order dt.22/08/06 of pay fixation till actual payment. No order as to costs. (Ajay Rastogi), J. K.Khatri/p.3/2416CW07-1211.doc