CW 1593/06 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.1593/06 Man Singh Versus State & Ors. DATE OF ORDER : 05/02/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. S.K. Singodiya, for petitioner Mr. Pradeep Kalwania, Addl. Govt. Counsel, for respondents *** Instant petition has been filed by petitioner with the grievance that he has not been considered for grant of selection scale on completion of 9, 18 & 27 yrs. of service under Workcharged Service Rules, 1964. Petitioner, as alleged, in the petition was initially appointed on 12th February, 1980 as Mechanic on temporary basis and was declared semi-permanent w.e.f. 1st April, 1982 in the pay scale of 295-500 vide order dt.13th April, 1985 [Ann.1]. His grievance is that he has not been considered for selection scale despite being eligible under relevant circular issued by the respondents from time to time. In the reply filed by respondent-State, it has been averred that so far as employees of the workcharged cadre are concerned, they are also CW 1593/06 [2] entitled for grant of selection scale in terms of circular dt.30th September, 1998 [Ann.R/1]. It appears from Para 2 of reply that petitioner has not been considered for grant of selection scale in terms of circular dt.30th September, 1998 on the premise that his very initial appointment has been questioned by the respondents. Suffice it to say that once the petitioner has been declared to be semi-permanent way back in 1985, the same could not have been questioned by the respondents at a later stage and that in no manner can deprive him for his further consideration for grant of selection scale in terms of circular dt.30th September, 1998. Consequently, writ petition is disposed of with the direction that taking note of order dt.13th April, 1985 [Ann.1] declaring him to be semi-permanent w.e.f. 01/4/82, his candidature be considered for grant of selection scale in terms of circular dt.30th September, 1998. Appropriate orders be passed within three months. No costs. [AJAY RASTOGI], J. FRBOHRA1593CW06 5-2.doc