1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.6266/07 Surendra Singh vs. State & Anr. Date of order : 27/2/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Ashish Kishore Saxena 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 him benefit of first selection scale on completion of nine years in the year 2000 and they be further directed to grant him increments which became due since 1999 onwards. Shri Ashish Kishore Saxena, learned counsel for the petitioner has contended that all these benefits were withheld because of the suspension of the petitioner made on 29.10.1999. However, that reason has now ceased to exist with revocation of the suspension order of the petitioner vide order dated 28.3.2000. Till date, however, the respondents have not granted either of the benefits to the petitioner. 2 The respondents in reply to the writ petition have submitted that the matter with regard to the grant of these benefits is under consideration with the competent authority and the period of his suspension is yet to be regularised. Perusal of the suspension order dated 29.10.1999 indicates that the respondents decided to suspend the petitioner in contemplation of the enquiry. The respondents in their reply have not specifically stated whether any such disciplinary enquiry was initiated against the petitioner. The petitioner has pointed out in para 7 of the writ petition that no charge sheet has ever been served upon him. In response to this, the respondents have not specifically denied such assertion in para 7 of their reply. Once the petitioner was reinstated in service, whether or not, the final order with regard to regularisation of his service under Rule 54 of the Rajasthan Service Rules is immediately passed, the petitioner could not be denied the benefit of selection scale and increments. 3 In view of above, the writ petition is allowed. The respondents are directed to grant first selection grade to the petitioner and also grant him benefit of increments for all these years. The petitioner shall also be entitled to interest @ 6% per annum of the arrears. Compliance of the judgement be made within a period of three months from the date its copy is produced before the respondents. (MOHAMMAD RAFIQ), J. RS/