1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : O R D E R : S.B. CIVIL WRIT PETITION NO.2555/2005 (Mahendra Singh Bhati Vs. The State of Rajasthan & Ors.) Date of Order :: 03.09.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Dr.P.S. Bhati, for the petitioner. Mr.Arjun Singh, Dy. Govt. Counsel. In this writ petition, petition is claiming following reliefs:- (A) By an appropriate writ order of direction, the order dated 29.07.2004 (Annexure-5) passed by the respondents may kindly be quashed and set aside with all consequential benefits. (B) By an appropriate writ, order or direction, the circular dated 30.09.1998 (Annexure-2) issued by the respondents may kindly be quashed and set aside to the 2 extent that it deprives the petitioner of the counting of service for selection grade w.e.f. 1.10.1969 and also to the effect that it counts the promotion prior to the effective date of counting of the service for the purpose of granting the selection grade. (C) By an appropriate writ, order or direction, the respondents may kindly be directed to give the selection grades by counting the service w.e.f. 1.10.1069 or not counting the promotion which took place on 01.04.1970 which is prior to the date of being declared semi permanent i.e. 01.10.1971 from where the service is being counted for grant of selection grade with all consequential benefits. During pendency of this writ petition an affidavit was filed by the Officer In-charge, Executive Engineer, Kanwar Sen Lift Division I.G.N.P., Loonkaransar, District Bikaner in which it is stated that all the benefits as per Rules have already been granted to petitioner. Specifically in the affidavit the following assertion has been made:- (1) That the petitioner was initially appointed on 01.10.1969 and he was promoted to the post of the Supervisor Gr.I on 01.04.1970. 3 (2) That the petitioner joined the service on the post of Work Supervisor Gr.II on 01.10.1969. The petitioner was promoted to the post of Work Supervisor Gr.I on 01.04.1970. The service of the petitioner was made semi- permanent on the post of Work Supervisor Gr.I on 01.10.1971. The petitioner was promoted to the post of Supervisor Mechanical on 30.10.1976 and the service benefits has been awarded to the above said post from 01.10.1985 and on completion of 27 years service, he was granted benefit of selection scale grade. That being the position, the petitioner has already availed two promotion and one selection selection for his service tenure and thus, he is not entitled to get any relief from this Hon'ble Court. In this view of the matter, it is submitted by learned Dy. Govt. Counsel that reliefs prayed for by the petitioner have already been granted. I have considered the assertion made in the affidavit filed by the Officer In-charge. In my opinion, when all the benefits as per Rules have been granted to petitioner which is evident from affidavit, then nothing survive in this writ petition. However, if petitioner 4 still having any grievance with regard to his dues other than mentioned in affidavit, then he is at liberty to file representation to the respondents within a period of six weeks from today. Upon filing such representation, respondents shall consider and decide his claim in accordance with the Rules. This exercise shall be completed within a period of three months from the date of filing representation. With these directions, this writ petition is disposed of. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/- A.K. Chouhan/-