1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.5943/02 Purshottam Sharma vs. State & Ors. Date of order : 18/3/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Pawan Sharma for the petitioner. Shri Zakir Hussain, Addl. Govt. Counsel for the respondents. ****** This writ petition has been filed by the petitioner with the prayer that the respondents be directed to grant the benefit of selection scale and the arrears thereof. Petitioner has contended that he was appointed on the post of Assistant Teacher vide order dated 21.10.1967. He gave his consent for being promoted in Gr.II on the condition that he shall work at least for three years in the newly opened Sanskrit Schools. He was however not given the selection scale in Gr.II. By vide order dated 30.12.1988, he was promoted on temporary basis on the post of Teacher Gr.II in which his name was shown at S.No.5. Petitioner completed 15 years of service on 26.1.1983, yet he was not granted selected scale. Similarly, the petitioner has not been given the benefit of increment in pay 2 on completion of 27 years of service on 26.1.1995. He submitted number of representations and lastly the Joint Director, Sanskrit Education vide order dated 18.4.2001 fixed the notional pay on Gr.II from 5.1.1985 and on Gr.I from 8.9.1997, but the petitioner was not given the actual benefits. Petitioner retired on 31.5.2001 and thereafter he requested for grant of actual benefits and when nothing was done, he filed the present writ petition. The respondents in reply to writ petition have clarified that whatever benefits were admissible to the petitioner were already granted to him and once the petitioner was promoted, he could not be granted additional benefits of selection scale because the selection scale is liable to be granted only in the event of inability of the respondents to give him promotion. The respondents have clarified that the actual benefits could not be given in all such cases. The notional benefits were granted and accordingly pay fixation was made. 3 In view of the clarification made by the respondents, I do not find any merit in this writ petition, which is accordingly dismissed. (MOHAMMAD RAFIQ), J. RS/