1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.7486/2002. : : Smt. Premlata Dutta Vs. State of Rajasthan & Anr. : : Date of Order 20.2.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Ganesh Gupta for Mr.S.P.Sharma for the petitioner. Mr. Ganesh Meena, Government Counsel for the State. This writ petition has been filed by the petitioner with the prayer that the respondents be directed to confirm and regularise her services on the post of Child Development Project Officer because persons junior to her have been regularised. She has named Smt. Maya Devi, Radharani Tiwari, Shivranbi and Gayatri Shukla, who have been made permanent w.e.f. 8.1.2002. The petitioner has further prayed that the respondents be directed to grant pay scale of Rs.8000-13500/- w.e.f. 16.7.1998 as was granted to the aforesaid similarly situated persons pursuant to Government order dated 8.1.2002 and 2.2.2002 with arrears and interest @ 18% per annum. 2 The respondents in reply to the writ petition asserted that as per Rule 86 of the Rajasthan Woman & Child Development (State & Subordinate) Service Rules, 1998 substantive appointment on the post of Child Development Project Officer could be made only as per the recommendation of the Selection Committee and Selection Committee recommended the cases of others and, therefore, they were made regular/permanent vide order dated 8.1.2002. However, the case of the petitioner was not recommended for regular promotion because of pendency of departmental enquiry against her, therefore, she could not be selected as Child Development Project Officer on regular basis The petitioner has during the pendency of writ petition filed an additional affidavit with which she has placed on record the order dated 20.10.2004 passed by the respondents showing that while two other Officers have been punished in the departmental enquiry in question but she was exonerated in that enquiry. In view of above subsequent development, the respondents are directed to consider case of the petitioner for regular appointment/confirmation and in case the 3 petitioner is adjudged suitable by the Selection Committee she would be entitled to be treated as regular/confirmed on the post of Child Development Project Officer from the date of her immediate junior was so confirmed. However, she would be entitled to notional benefits for the intervening period. Compliance of the judgment be made within three months from the date its copy is produced before the respondents. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.76.