1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B. Civil Writ Pet. No. 4886/04 Prem Ratan Vs. State of Raj. Under Article 226 of the Constitution of India. Date of order : 26.2.2008 PRESENT HON'BLE MR. MUNISHWAR NATH BHANDARI, J. Mr. M. Mridul, Sr. Advocate assisted by Mr. R.N. Upadhayay for the petitioners. Mr. Deepak Choudhary, Dy. Govt. Counsel. BY THE COURT: By this writ petition the petitioner has prayed for grant of benefit of second selection scale on the ground that the petitioner has completed 18 years of service yet the benefit of second selection scale has not been given. Learned counsel for the petitioner submits that the petitioner was initially engaged as work charge employee and as per the prevalent rules, a employee who completed five years of service and 2 gained experience was entitled for promotion to the post of work charge Supervisor grade-II for the pay scale of 255-420 and subsequent promotion was to the post of Supervisor Grade-I in the pay scale of 355-570. Both the aforesaid promotions in different pay scales were provided from initial pay scale of 240-290. Therefore, all the posts mentioned above were having three different pay scales as otherwise being narrated in para 1 of the writ petition. The petitioner was given promotion to the post of Supervisor Grade-I pursuant to the settlement and order thereupon passed as annexure/1. Pursuant to the said order, the petitioner was given promotion directly on the post of Supervisor grade-I with effect from 1.5.1985. According to the learned counsel for the petitioner it is being a case of only promotion therefore, the petitioner could be denied benefit of first selection scale but he was then entitled for the benefit of second selection scale on completion of period of 18 years more, so when in the year 1988 the pay scale of initial post and the post of Supervisor grade-II became the same due to merger of the pay scale, therefore, in any case virtually there was no promotion on the post of Supervisor grade-II even if it is considered to be a case of two promotions in favour of the petitioner. On the aforesaid ground, it is submitted that treating it to be a case of one promotion by taking the present matter in either of the eventuality mentioned above the petitioner becomes entitled for 3 the benefit of second selection scale. Learned counsel for the respondents contested the matter and referring to settlement it was submitted that the petitioner was given benefit of two promotions thus, dehors the rules and circular petitioner should not be granted benefits as claimed in the writ petition. I have considered the submissions and on perusal of the material placed on record, the fact not in dispute are that after initial appointment of the petitioner, he was given promotion to the post of Supervisor grade-I vide order dated 30.4.1990 which then was pursuant to the settlement annexure R/3 on record. It is also not in dispute that as per the prevalent rules promotion from the original post was to the post of Supervisor Grade-II and then to the post of Supervisor Grade-I therefore, if petitioner is ultimately given promotion to the post of Supervisor grade-I with consequential benefit of the pay scale, he is extended benefit of two promotions in accordance with rules or otherwise a direct promotion to the post of Supervisor grade-I becomes dehors the rules hence the consequence of the order as annexure/1 is that pursuant to the said order dated 30.4.1990, petitioner could get benefit of two promotions at a time 4 and that too the said promotion was given effect from 1.5.1985 with notional benefit and actual benefit with effect from 1.5.1990. Thus, it cannot be said that the petitioner was given only benefit of one promotion in fact if the background of the case is taken note of then it would reveal that the order annexure/1 was passed pursuant to the settlement where it was agreed that the petitioner was entitled for promotion on the post of Supervisor grade-II as well as on the post of Supervisor Grade-I looking to his seniority as well as the fact that the petitioner was otherwise entitled for promotion even up to the post of Supervisor Grade-I with effect from 22.4.1985 hence, looking to the delay in granting two promotions, it was agreed that the petitioner would be given promotion to the post of Supervisor Grade-I looking to his eligibility on 22.4.1985 itself, therefore, after well considering the aspects of two promotions in the settlement, necessary order was passed. So far as the other aspect is concerned, since the petitioner was given promotion to the post of Supervisor grade-I and as it has already been held above that it should be treated to be a case of two promotions, therefore, so far as the second issue regarding existence of the same pay scale of the original post as well as the post of Supervisor Grade-II before 1.5.1985 is not made out from the record, rather what has been stated is that at a subsequent stage in the year 5 1988, the pay scale of the original post as well as the post of Supervisor grade-II merged and thereby even on promotional post the employee started getting same pay scale but then subsequent change cannot be looked into in the present matter as when at the relevant time prior to 1.5.1985, the two posts i.e. original post as well as the promotional post of Supervisor grade-II were running in to different pay scales and petitioner was given benefit of promotion from the year 1985 itself. In view of the above facts if the matter is scrutinized from the either angle the net result remains the same i.e. the petitioner has received benefit of two promotions and in view of the above, it cannot be said that petitioner is entitled for the benefit of second selection scale. The writ petition accordingly cannot be accepted for grant of prayer as prayed therein. While dismissing the writ petition accordingly, it is made clear that if the petitioner is otherwise entitled for the benefit of third selection scale he would be at liberty to make a representation to the respondents. (MUNISHWAR NATH BHANDARI), J. ns.