SBCWP3975/1997 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.3975/1997 Giga Ram Seni Vs. The State of Rajasthan and Another Date of Order ::: 25.02.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri S.P. Mathur, Counsel for petitioner Shri S.D. Khaspuria, Additional Government Counsel for respondents #### By the Court:- Upon hearing learned counsel for parties and perusing impugned order/letter dated 19.11.1996, I find that the reason for which petitioner was not granted selection scale on complteion of 18 years of service, stated in the impugned order/letter, was that since he had already been granted selection scale on completion of 15 years of service, he could not be given such selection scale in the pay scale of 2000-3200 as was given to his junior Shri Puran Mal Verma. The respondents, in reply to writ petition, however, come out with a different reason that petitioner was not possessing eligibility qualification for further promotion and that he did not have the SBCWP3975/1997 // 2 // qualification of BA with Sanskrit as one of the optional subjects and that he also did not possess the requisite teaching experience, whereas said Shri Puran Mal Verma had the requisite qualification of MA, B.Ed., with Sankrit as one of the optional subjects and also the requisite experience. It is not clear whether the respondents want to reply to clause 4(ii) of Circular dated 25.01.1992, according to which an employee not possessing requisite qualification is to be granted pay scale different than that of post of promotion, which was separately indicated in Para 5 of that Circular. However, the petitioner asserts that he also possessed the qualification of BA with Sanskrit as optional subject as well as the experience. In the circumstances, when the respondents did not give the reason in the reply to the writ petition, which they stated in the impugned order/letter, the matter requires reconsideration at the end of respondents themselves. Before passing a fresh order, respondents shall provide opportunity of hearing to petitioner. The fresh order shall consist of exact reasons why petitioner could not be granted pay scale of 2000-3200 on completion of 18 years of service or that the SBCWP3975/1997 // 3 // pay scale of 1400-2600 granted to him by way of selection scale on completion of 15 years of service why could not be revised in the pay scale of Rs.2000-3200. The compliance of the judgment be made within a period of three months from the date its copy is produced before the respondents by the petitioner. The writ petition stands disposed of. (Mohammad Rafiq) J. //Jaiman//