1 S.B. CIVIL WRIT PETITION NO.2663/2008. VIRENDRA KUMAR PARGI VS. STATE OF RAJASTHAN AND OTHERS DATE OF ORDER : 11.11.2008. HON'BLE MR. GOVIND MATHUR, J. Mr. Mrinmay Bhatt Mewara for Mr. P.R. Mehta for the petitioner. None present for the respondents. The petitioner entered in the services of the respondents being appointed as Teacher Grade III in the pay scale of Rs.355-570 under an order dated 12.10.1981. The appointment of the petitioner was on adhoc basis for a period of six months or till the availability of selected incumbents, whichever is earlier. Despite the condition aforesaid, the petitioner was continued in service and under an order dated 25.06.1990 passed by the Vikas Adhikari, Panchayat Samiti, Bagidora, district Banswara, the respondents confirmed services of the petitioner as Teacher from the date of his initial appointment i.e. 02.11.1981. Relevant to note that in pursuant to the order dated 12.10.1981, the petitioner joined the duties on 02.11.1981. By treating 02.11.1981 as the date of his initial appointment of the petitioner, the respondents by the order 2 dated 24/25.11.1992 allowed first selection grade to the petitioner on completion of 9 years of service as per the Government of Rajasthan's decision notified on 25.01.1992. The grievance of the petitioner is that though the respondents have granted first selection grade to the petitioner by treating 02.11.1981 as the date of his initial appointment, but the selection grade on completion of 18 years of service is not allowed to him. A claim is also made by the petitioner for grant of third selection grade to him on completion of 27 years of service as per the notification dated 25.01.1992. Despite service of the notices issued by this Court, no body has put in appearance on behalf of the respondents. I have examined the averments contained in the writ petition and the documents annexed thereto. From perusal of the document Annexure 1, it is apparent that the appointment was given to the petitioner as Teacher in the pay scale of Rs.355-570 purely on adhoc basis for a period of six months or till the availability of selected incumbents, however, by an another order dated 25.06.1990 (Annexure 3), the respondents confirmed the petitioner as 3 Teacher w.e.f. 02.11.1981. The respondents also allowed first selection grade to the petitioner as per the notification dated 25.01.1992 under an office order dated 24/25.11.1992 passed by the Vikas Adhikari, Panchayat Samiti, Bagidora. Once the petitioner is made confirm on the post of Teacher w.e.f. 02.11.1981 and the selection grade is also allowed to him as per the notification dated 25.01.1992 on completion of 9 years of service, there is no just reason for not granting the selection grade on completion of 18 years of service by treating 02.11.1981 as the date of his initial appointment. The respondents as per the notification dated 25.01.1992 should have considered candidature of the petitioner for grant of second selection grade on completion of 18 years of service i.e. on 02.11.1999. The respondents should have also considered candidature of the petitioner for grant of third selection grade on completion of 27 years of service. In view of whatever stated above, this petition for writ deserves acceptance, therefore, the same is allowed. The respondents are directed to consider candidature of the petitioner for the purpose of grant of second and third selection grades on completion of 18 and 27 years of service respectively as per the notification dated 25.01.1992 by treating 02.11.1981 as the date of his initial appointment. Such consideration is 4 required to be made by the respondents within a period of three months from the date the petitioner serves a certified copy of this order upon the respondents Nos. 2. (GOVIND MATHUR)J. Anil/