CWP 4364/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.4364/2008 Vinod Chand Jain Versus M.D RSRTC & Anr. Date of Order ::: 06/05/08 Hon'ble Mr. Justice Ajay Rastogi Mr KC Sharma, for petitioner Instant petition has been filed with the grievance that selection scale became due on completion of nine years' service, but has finally been rejected by respondents vide order dt.08/04/08, which is not in consonance with Circular dt.15/02/97 (Ann.1). Petitioner, as alleged in the petition, joined service on 23/03/79 on regular appointment as Conductor; and due to consistent adversities in his service record – details whereof have been referred to by respondents in para 2 of their reply (Ann.3 herein) to earlier petition (CWP- 7799/03) and on the basis of several punishments, petitioner was compulsorily retired on 13/05/02. It appears that while disposing of his earlier petition (supra) vide order dt.12/02/08 this Court directed the respondents to pass a speaking order assigning reasons for dis- entitlement of selection scale as claimed by petitioner. In view of the said order, respondents have passed order dt.08/04/08 (Ann.5) CWP 4364/08 //2// which has taken note of fact that as per date of initial appointment, he completed nine years service on 23/03/88 but during such intervening period, was placed under suspension and there were other disciplinary actions initiated against him and in later part of service from 23/03/88 in different disciplinary actions initiated on the charges of carrying passengers without tickets, he was punished with various penalties – in view whereof, he was not having good service record to his credit; as such benefit of selection scale was not extended in his favour and by a speaking order, his claim for grant of selection scale has been rejected vide order impugned. Main thrust of contention raised by Counsel is that under Circular of respondents, particularly its Clause 3, despite unsatisfactory record of service, where even if one has been punished with censure or otherwise recovery has been ordered with regard to loss caused to the RSRTC, still selection scale cannot be denied to such employees. In the opinion of this Court, such a contention is without any substance for the reason that benefit of selection scale becomes entitled for only on satisfactory service record and if one has been punished with penalties or having record of service consisting CWP 4364/08 //3// of disciplinary actions initiated or adversity to his discredit, that can certainly be a ground to deny him grant of selection scale. Consequently, writ petition fails and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p.3/4364CW08-0605.doc