1 S.B. Civil writ petition No. 4472/2007 BL Rathi vs Rajasthan Agriculture University & Ors. Date of Order dated 4.1.2010 HON'BLE MR. PRAKASH TATIA, J. Mr. Mukesh Vyas, for the petitioner. Mr. DS Rajvi, for the respondents. <><><> Heard learned counsel for the petitioner. The petitioner who was appointed on the post of LDC in the year 1959 was offered first promotion in the year 1964 and he was appointed on the post of UDC in the year 1964. On 25.1.1992, the State Government decided to give benefits to the employees who were not given the promotion in spite of good length of service of 9 years, 18 years and 27 years. As per the scheme of that grant of selection grade vide order dated 25.1.1992, the first selection grade shall be granted to the employees from the date following the day on which one completes service of 9 years, provided that the employee has not got one promotion earlier as is available in his existing cadre. The second selection grade could have been granted from the 2 day following the day on which one completes services of 18 years, provided that the employee has not got two promotions earlier as might to be available in his existing cadre and the first selection grade granted to him, as the case may be was lowest the pay scale of Rs.2200-4000. The third selection grade could have been granted the day following the day on which one completes services of 27 years, provided that employee has not got three promotions earlier as might be available in his existing cadre and the first and second selection grade granted to him, as the case may be was lowest the pay scale of Rs.2200-4000. As per clause (8) of the said scheme if an employee forges promotion on issue of order “to this effect”, he shall not be granted second or third selection grade “under this order”. The petitioner's contention is that though he was given promotion to the post of UDC in the year 1964, which he accepted but he completed 18 years of service from 1964 on promotional post by the year 1982 and, therefore, he became entitled to the second selection grade then on completion of 27 years of service by the year 1991, he became entitled to 3rd selection grade and that has been denied to the petitioner vide impugned order dated 3 27.1.2007. The order dated 27.1.2007 was passed as this court in earlier petition no.3225/1998 vide order dated 18th Sept., 2006 directed the respondents to consider the case of the petitioner and pass appropriate order. Since the petitioner failed to get any relief by order dated 27.1.2007, therefore, approached this Court by filing this writ petition. Learned counsel for the respondent submitted that the scheme itself came into existence from 25.1.1992 and in the scheme itself it is made clear that under what circumstances the employee can get the first, second and third selection grade. Admittedly, the petitioner before 1992 thrice forego his promotion in the year 1992 and 1995 and, thereafter, it was not the case of stagnation in any particular cadre and as per the clause no.2 of the scheme, the petitioner was rightly not granted the, second and third selection grade. This issue has been considered after taking care of the orders dated 25.1.1992, 3.4.1993 and 15.4.2006. I considered the submissions of learned counsel for the parties and perused the facts of the case. Admittedly , the petitioner got fist promotion in the year 1964 and, thereafter, he himself did not accept the promotion and, 4 therefore, it is not the case that petitioner did not get the promotion so as to claim second selection grade and thereafter also, he refused to accept the promotion in the year 1992 and 1995. In that situation, he was not entitled to any selection garde and it is not the case that petitioner had no opportunity to get the promotions and he continued in the cadre because of the non-grant of promotion by the respondents. In view of the above, there is no merit in this writ petition and the same is hereby dismissed. [PRAKASH TATIA], J. cpgoyal/-