SBCWP5384/1997 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.5384/1997 Gajendra Kumar Pareek Vs. Rajasthan Civil Services Appellate Tribunal, Rajasthan, Jaipur and the District Collector, Alwar Date of Order ::: 24.02.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Narendra Mishra, Counsel for petitioner Shri S.D. Khaspuria, Additional Government Counsel for respondents #### By the Court:- This writ petition was filed by petitioner way back in the year 1997 by which his appeal filed before the Rajasthan Civil Services Appellate Tribunal was rejected. In the appeal, the petitioner was claiming benefit of selection scale on completion of 18 years of service pursuant to the Government Circular dated 25.01.1992. According to respondents, the petitioner could not be extended the said benefit because at the relevant time he was facing two disciplinary proceedings under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (for short, 'CCA SBCWP5384/1997 // 2 // Rules') and there were adverse entries in his Annual Performance Appraisal Reports (for short, 'APARS') for the years 1985-86 and 1986- 87. Shri Narendra Mishra, learned counsel for petitioner, submitted that since petitioner had already been granted benefit of selection scale on completion of 15 years of service in compliance of judgment dated 17.09.1991 of this Court passed in his earlier S.B. Civil Writ Petition No.2509/1991, the alleged adverse entries in his APARS for the years 1985-86 and 1986-87 could not be viewed against him. The said APARS were belatedly communicated to the petitioner on 07.01.1992 against which petitioner filed representation, which was rejected on 24.04.1992. Learned counsel therefore submitted that mere pendency of disciplinary proceedings could not be a reason to deny him benefit of selection scale. Shri S.D. Khaspuria, learned Additional Government Counsel appearing for respondents, has opposed writ petition and submitted that grant of selection scale is not automatic on completion of 9, 18 and 27 years of service, as the case may be. It is conditioned by satisfactory service rendered by the employee. SBCWP5384/1997 // 3 // In the present case, since the petitioner, apart from having two adverse remarks in his service record, was also facing disciplinary proceedings under Rule 16 of the CCA Rules in two matters which were pending. On perusal of writ petition and reply filed thereto as also impugned judgment, I find that neither the petitioner nor the respondents have specified as to when the charge-sheets were served upon the petitioner whether it was prior to 25th January, 1992 or thereafter. In any case grant of benefit of selection scale is governed by the same conditions which are applicable to the case of promotion i.e. on completion of satisfactory service, however, mere pendency of disciplinary proceedings may not result in total denial of selection scale to the petitioner. However, adverse remarks against the petitioner in his APARS for the years 1985-86 and 1986-87 they could not be relied on by the respondents to deny him benefit of selection scale because despite such adverse remarks, this Court allowed his earlier writ petition by judgment dated 17.09.1991 and he was, in compliance of that judgment, granted selection scale on completion of 15 years of service. SBCWP5384/1997 // 4 // In the result this writ petition is partly allowed. It is directed that the adverse remarks in the APARS for the years 1985-86 and 1986-87 shall not come in the way of grant of selection scale to the petitioner on completion of 18 years of service. However, the petitioner would be at liberty to agitate his grievance before the respondents for such relief if eventually he has been exonerated; or, if awarded any penalty, his case shall be liable to be considered keeping in view such penalties afresh. (Mohammad Rafiq) J. //Jaiman//