1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.4180/1997 Pooran Mal Yogi vs. State & Ors. Date of order : 15/4/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Dinesh Sharma for the petitioner. Shri B.S. Rajawat, Deputy Government Counsel for the respondents. ****** Heard learned counsel for the parties. This writ petition has been filed by the petitioner with the grievance that he has not been granted benefit of second selection scale on completion of 18 years of service in the pay scale of Rs.2000-3200, while such selection scale was granted to other similarly situated persons namely Shri Kumar Pal Sharma, Shri Ramesh Chand Sharma and Shri Bhoop Singh Gurjar vide order dated 1.8.1996 and 23.10.1996. Contention of the learned counsel for the petitioner is that petitioner was initially appointed as Teacher Gr.III on 15.9.1975 and on that basis was granted benefit of first selection scale immediately on promulgation of the Government Circular dated 25.1.1992. He completed 18 years of service on 15.9.1993, but on that day the 2 petitioner did not possess the qualification of B.Ed. and, therefore, in view of the clause-5 of the Circular dated 25.1.1992, he was granted benefit of second selection scale in the pay scale of Rs.1640-2900 whereas the petitioner acquired the qualification of B.Ed., result of which was published on 16.2.1994 and therefore the respondents ought to have granted the second selection scale to the petitioner in the pay scale RS.2000-3200 with effect from the date of acquiring the B.Ed. degree by him on which anomaly such benefit was granted to the above referred to three persons. The respondents have opposed the writ petition but have not been able to dispute the correctness of the assertion made by the petitioner that the above referred to three persons were granted benefit of second selection scale although with somewhat delay after completion of 18 years of service with effect from the date on which they acquired the qualification of B.Ed. In view of above, there was no reason for the respondents to have applied different yardstick to the case of the petitioner because in any case the 3 petitioner is not eligible for promotion. He is not demanding that he should be granted selection scale in the pay scale of Rs.2000- 3200 immediately on the date on which he completed 18 years of service i.e. 15.9.93. In other words, petitioner was entitled for benefit of second selection scale from 15.9.93, till he acquired the qualification of B.Ed. on 16.2.1994 in the pay scale of Rs.1640-2900, but on the date he acquired that qualification of B.Ed., he would be entitled to be granted second selection scale in the pay scale of Rs.2000-3200 and that the pay scale granted to him would be liable to be revised accordingly, at par with those other similarly situated candidates, who also acquired the qualification of B.Ed. along with the petitioner on 16.2.1994. In the result, the writ petition is allowed and the respondents are directed to grant the selection scale to the petitioner in the pay scale of Rs.2000-3200 with effect from 16.2.1994 and grant him the consequential benefits along with interest @ 6% per annum. 4 Compliance of the judgement shall be made within a period of three months from the date its copy is produced before the respondents. (MOHAMMAD RAFIQ), J. RS/