IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH,JAIUR. S.B.Civil Writ Petition No.6437/2002. Jag Mohan Vs.State of Rajasthan & Others. Date of judgment: 9.2.2009. Hon'ble Mr.Justice Mohammad Rafiq. Mr.M.S.Kachwaha for the petitioner. Mr.Jakir Hussain for the respondents. The only grievance with which this writ petition has been filed by the petitioner Jag Mohan Singh is that the third Selection Scale which has become due to him on 21th July, 2000 was illegally withheld by the respondents on account of four penalties vide order dated 21.9.200, 31.3.2001, 14.4.2001 and 9.5.2001 respectively were imposed on him subsequent to the said date. The petitioner Jag Mohan Singh has died on 13.7.2008 and the present petition is being prosecuted by Smt.Raj Kumari widow of deceased Jag Mohan Singh and others. ..2. The respondents in their reply to the writ petition do not deny the fact that the III Selection Scale has become due to the petitioner on 21st July,2000 and that four penalty orders were awarded to him respectively vide order dated 21st September, 2000, 31.3.2001, 14.4.2001 and 09.5.2001, Selection Scale to be granted to the petitioner on 21.7.2000 has been deferred for five years. It would be evident from the above that the selection scale which 'had' otherwise because admissible to the petitioner on 21st July, 2000 was deferred on account of four penalties, which were all minor penalties and one adverse remark in the APAR of the year 1996-97. When there was no penalty order against the petitioner on 21st July,2000, the penalties awarded on subsequent date could not be taken into consideration for denying or deferring III Selection Scale on that ..3.. account. More over, mere one adverse APAR, out of entire span 9 years for which the selection scale was granted to the petitioner, could not be by itself reason enough to deny of such benefit which is entitlement of the petitioner. The action of the respondents in deferring grant of selection scale for 5 years is illegal and the petitioner is held entitled to receive the benefit of selection on 21.7.2000 with all consequential benefits. In view of the above, this writ petition is allowed. The petitioner is declared entitled to receive the benefit of Section scale on 21st July,2000. Compliance of this judgment be made within three months from the date of the receipt of its copy by the respondents. Writ petition is accordingly allowed. (Mahammad Rafique)J. k.