1 S.B. CIVIL WRIT PETITION NO.3157/2007. (NARAYAN SINGH VS. STATE OF RAJASTHAN & ORS.) DATE OF ORDER : 07.11.2008. HON'BLE MR. GOVIND MATHUR, J. Mr. SKM Vyas for the petitioner. Mr. Deepak Choudhary for the respondents. After facing a process of selection, the petitioner entered in the services of the respondents on 20.03.1967 in the capacity of Assistant Inspector (Co-operatives). At the relevant time, no rules for recruitments were in existence, therefore, by making a screening, appointment was given to the petitioner as Co-operative Inspector under an order dated 26.10.1981. By an another order dated 31.10.1981, the service of the petitioner was confirmed w.e.f. 07.01.1978. A promotion was also given to him as Inspector (Works/Audit) Grade II. The respondents under an order dated 06.06.2000 allowed selection grades to the petitioner on completion of 9 and 18 years of service as per the Government of Rajasthan notification dated 25.01.1992. While determining 9 and 18 years of service, the service of the petitioner was reckoned from 07.01.1978. The respondents by an order dated 20.04.2007, withdrew the second selection grade granted to the petitioner by treating 26.10.1981 as the date of his initial appointment and also on the count that a promotion was accorded to him during the period of 1981 to 1984. To 2 challenge the order dated 20.04.2007, this petition for writ is preferred. In reply to the writ petition, the stand of the respondents is that the petitioner was appointed on the post of Assistant Inspector (Co-operatives) on regular basis w.e.f. 26.10.1981, therefore, he was not entitled for getting selection grades on completion of 18 years of service by treating 01.07.1978 as the date of his initial appointment. Heard learned counsel for the parties. It is not in dispute that at the first instance, the petitioner entered in the services of the respondents in the year 1967 and by an order dated 31.10.1981, he was confirmed on the post of Assistant Inspector w.e.f. 07.01.1978. This fact clearly establishes that at least from 07.01.1978, the petitioner was working with the respondents on permanent basis against substantive vacancy of Assistant Inspector (Co-operatives). The order dated 31.10.1981 is still in currency and as that was never revoked, superseded or withdrawn. In view of the order aforesaid, the services of the petitioner for the purpose of grant of selection scales are certainly required to be reckoned w.e.f. 01.07.1978. As such, the selection grade on completion of 18 3 years of service was rightly given to the petitioner under the order dated 06.06.2000 and is erroneously withdrawn by the order impugned dated 20.04.2007. Beside the above, it is also not in dispute that the respondents allowed selection grades to the petitioner at their own. The petitioner never mis-represented before the respondents to claim the selection grades. The respondents, therefore, are not correct in making an order to effect recovery for the amount said to be paid in excess. For the reasons stated above, this petition for writ deserves acceptance, therefore, the same is allowed. The order impugned dated 20.04.2007 passed by the Registrar, Co- operative Societies withdrawing selection grade allowed to the petitioner is quashed to the extent it relates to the petitioner. The order dated 06.06.2000 and its consequential order dated 22.08.2000 granting selection grade to the petitioner on completion of 18 years of service by treating 01.07.1978 as date of his initial appointment stands restored. No order to cost. (GOVIND MATHUR)J. Anil/