CW 7608/06 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.7608/06 Shahjad Ahmad Khan Versus District & Sessions Judge & Anr. DATE OF ORDER : 01/12/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. C.P. Sharma, for petitioner Mr. M.C. Gupta, Addl. Govt. Counsel, for State *** Instant petition has been filed by petitioner assailing order Ann.4 dt.4th April, 2006 whereby the benefit of second selection scale granted to him was withdrawn by the respondents. Petitioner initially joined service as Stenographer [Hindi] on 12th April, 1984. On completion of 9 yrs. of service from the date of his regular appointment, he was granted the benefit of first selection scale vide order dt.8th June, 2001 w.e.f. 12th April, 1993 and so also of second selection scale on completion of 18 yrs. of service w.e.f. 12th April, 2002 vide order dt.19th July, 2002, Ann.2 & Ann.3 respectively. It is relevant to mention that post of Stenographer which is included in the Schedule appended to CW 7608/06 [2] Rajasthan Subordinate Courts Ministerial Establishment Rules, 1986 and for first promotional post of Personal Assistant one has to qualify the speed test as provided under R.14(iv) of the Rules, however, petitioner appeared in the speed test for the post of Personal Assistant, but could not qualify the same. On the said premise, respondents vide order Ann.4 dt.4th April, 2006 withdrew the benefit of second selection scale granted to him vide order dt.19th July, 2002 – as a consequence whereof, ordered for making further recovery of the payment made to him which has been assailed in the instant petition. Counsel for petitioner submits that an incumbent becomes entitled for grant of selection scale on completion of 9 & 18 yrs. of satisfactory service. As such, very premise on which respondents had passed order impugned to withdraw his second selection scale is not in consonance with the circular introduced by the respondents dt.25th January, 1992 further amended vide order dt.17th February, 1998. Counsel further submits that before passing of order impugned, no CW 7608/06 [3] opportunity of hearing was afforded to him and in such circumstances, the very action of the respondents is in clear violation of principles of natural justice. Counsel further submits that even if contention as referred to by the respondents under order impugned is accepted, still he was entitled for selection scale in terms of Para 5 of the circular where it has been stipulated that if one is not qualified for promotion still, he will be entitled for selection scale in terms of Para 5 which the respondents have not looked into while passing order impugned. Respondents were served as per office note on 13th November, 2006 almost more than two years have passed by now, still no reply to the writ petition has been filed. Counsel for respondents submits that if one has failed to qualify test which is stipulated for promotional post under R.14(iv) of the Rules, no error has been committed by the respondents in withdrawing selection scale under order impugned and it being an apparent error affording CW 7608/06 [4] opportunity of hearing would be an empty formality. I have heard counsel for parties and perused the material on record. The Scheme of selection scale which was introduced by the Government vide circular dt.25th January, 1992 read with amendment made vide order dt.17th February, 1998 for the employees who are members of Class IV, Ministerial & Subordinate Services and so also holding isolated post with an object to remove stagnation and employees who are eligible for promotional post or holding isolated post or could not qualify test if prescribed of promotional post may be considered for selection scale in lieu of promotion on completion of 9, 18 & 27 yrs. of satisfactory service. At the same time, Para 5 of the scheme further stipulates that in case there is no first, second & third promotional post in the same service/cadre or the employee does not possess academic qualifications prescribed for promotion or in respect of isolated posts the selection scale has been provided which appears CW 7608/06 [5] to be lower in the scale of promotional post to which incumbent became entitled for. In the instant case, petitioner, however, could not qualify the speed test which makes him eligible for promotion to the post of Personal Assistant. But, however, that could not dis- entitle him from consideration for grant of selection scale in terms of Para 5 of the Government Circular dated 17th February, 1998. Submission of the counsel for petitioner before passing of order impugned Ann.4 he has not been afforded opportunity of hearing deserves acceptance for the reason that once he was granted benefit of selection scale, certainly rights was conferred in his favour and the same could not have been divested without affording opportunity of hearing. Denial thereof by the respondents is in clear violation of principles of natural justice. Consequently, writ petition stands allowed. Order Ann.4 dt.4th April, 2006 is hereby quashed and set aside. However, respondents will be free CW 7608/06 [6] to consider the matter afresh as per observations made supra and pass order after due compliance of principles of natural justice. No costs. [AJAY RASTOGI], J. FRBOHRA7608CW06 1-12.doc