IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION (S/S) NO. 37 OF 2003 Shamshad Ahmad Khan ……..Petitioner. Versus State of Uttar Pradesh and others. …………Respondents. Mr. T.A. Khan, Advocate for the petitioner. Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand. Hon’ble Sudhanshu Dhulia, J. (Oral) Heard learned counsels for the parties. This writ petition was filed by the petitioner claiming Selection Grade and thereafter a second Super Selection Grade. According to the petitioner after a particular length of service, the grades claimed by him were liable to be given to him. The State, however, in its counter affidavit has clearly stated that since the petitioner did not have a satisfactory period of service, as there was adverse entry in his service record, he was not liable to be given Selection Grade or Super Selection Grade. Learned counsel for the petitioner, at this stage, states that he may be permitted to rebut the allegations made by the State in its counter affidavit. It is too late in the day to give any such indulgence to the petitioner. Counter affidavit has already been filed in the year 2004 and the petitioner had enough time to give a suitable reply to the counter affidavit filed by the State, which has not yet been filed. Therefore, the averments made in the counter affidavit will go unrebutted against the petitioner. The prayer of the petitioner to file rejoinder 2 affidavit to the counter affidavit filed by the State is, therefore, denied. The objections raised in the counter affidavit are absolutely clear. Since there was adverse entry in the service record of the petitioner, the Selection Grade and the Super Selection Grade have rightly been denied to the petitioner. There is no merit in the writ petition and the writ petition is, therefore, liable to be dismissed and is hereby dismissed. No order as to costs. It is, however, clarified that in case during the pendency of the writ petition, the adverse entry against the petitioner has either been removed by the reviewing authority or has been expunged, the petitioner will be free to represent his case for Selection Grade and Super Selection Grade. (Sudhanshu Dhulia, J.) 18.6.2010 Avneet