1 S.B.CIVIL WRIT PETITION NO.8410/2007 Hanuman Singh Tanwar v. State of Rajasthan & Anr. Date of Order :: 5th January, 2009 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Devilal Rawla for Mr. B.K.Vyas, for the petitioner. Mr. B.L.Tiwari, for the respondents. .... On being selected by Rajasthan Public Service Commission an appointment was given to the petitioner as Lower Division Clerk under an order dated 15.10.1984. The selection grades on completion of 9 and 18 years of services were also allowed to him w.e.f. 18.10.1993 and 18.10.2002 respectively. A promotion was also accorded to the petitioner as Upper Division Clerk under an order dated 11.9.2007 but he did not choose to avail the same. The respondents on foregoing promotion by the petitioner decided to withdraw the second selection grade granted to him in the pay scale of Rs.5000-8000. Being aggrieved by the same the petitioner submitted a representation to the competent authority i.e. the Director, Prosecution but of no consequence. It was communicated to the petitioner that in view of a clarification made by the Government of Rajasthan under a circular dated 4.12.1996 the second selection grade cannot be given on foregoing regular promotion. By this petition for 2 writ the petitioner is challenging validity of the withdrawal of second selection grade in pursuant to the circular dated 4.12.1996. It is urged by counsel for the petitioner that withdrawal of selection grade on foregoing a promotion given at belated stage is highly unjust. Per contra, the stand of the respondents is that looking to the tendency of foregoing promotions after availing selection grade the Government of Rajasthan decided to withdraw 2nd/3rd promotion if a Government Servant forgoes the same. The decision of the Government of Rajasthan as mentioned in the circular dated 4.12.1996 reads as follows:- “Attention is invited towards this department order of even number dated 25.11.1992 as amended from time to time vide which selection grades were introduced for the employees mentioned in the subject. According to the provisions contained in the aforesaid orders in case a government servant forgoes the chance of promotion is not allowed second and third selection grades but in respect of a government servant who is offered promotion after grant of second/third selection grade if he forgoes the chance of promotion, he is allowed to continue to draw pay in the selection grade. As a result of these provisions the tendency of foregoing the promotions is growing on various personal consideration of the respective employees. 3 Difficulties are being experienced by the various appointing authorities in filling the promotion posts from the competent and qualified persons and consequently the performance of the Government work is being adversely effected. 2.To solve this problem, the matter has been considered in detail and in partial modification of the aforesaid order the Governor is pleased to order that Government servant who is drawing pay in second or third selection grade if on his actual promotion to second/third promotion post forgoes the promotion the benefit of second and/third selection grade, as the case may be, shall be withdrawn from the date he forgoes the promotion the pay of such an employee shall be refixed either in pay scale of the first promotion post or in the first selection grade or in pay scale of the second promotion post, at the stage he would have drawn had he not been granted second and/third selection grade(s), as the case may be.” Heard counsel for the parties. The Government of Rajasthan looking to the existing stagnation in services introduced a policy for grant of selection grades at a definite intervals in lieu of promotion, under the notification dated 25.1.1992. As per the notification aforesaid a Government servant is entitled for getting first, second and third selection grades on completion of 9, 18 and 27 years of satisfactory service. The selection 4 grade available to the government servant is the pay scale of promotional post. If a government servant is holding an isolated post then the selection grades are required to be given as per para 5 of the notification dated 25.1.1992. By giving selection grades to the government servants thrice during the service career of 27 years, the government principally accepted that at the interval of nine years a promotion should be given to a government servant and in entire service career atleast three promotions should be given. The petitioner availed first and second selection grades on completion of 9 and 18 years of service. The first promotion was given to the petitioner by the respondents under an order dated 11.9.2007 i.e. after a lapse of 23 years of service from the date of his initial appointment. The respondents on foregoing the promotion by the petitioner, withdrew the selection grade for which the petitioner is legitimately entitled on completion of 18 years of service. As a matter of fact in view of the principle accepted by Government of Rajasthan under the notification dated 25.1.1992 two selection grades on completion of 9 and 18 years of service were allowed to the petitioner to compensate non grant of promotions at definite intervals. The selection grades granted on completion of 9 and 18 years of service cannot be made dependent to the acceptance or denial of any promotion given after expiry of the period 5 aforesaid. The petitioner did not choose to avail a promotion which was accorded to him on 11.9.2007 against the vacancies of the year 2006-2007 and, therefore, he is certainly not entitled for third selection grade but the selection grades granted to him on completion of 18 years of service cannot be withdrawn on foregoing a promotion accorded after 23 years of service from the date of initial appointment. If the respondents be permitted to withdraw the second selection grade on foregoing promotion which is given to the petitioner after a lapse of 23 years of service from the date of his initial appointment then that shall be nothing but a clear violation of the intention and spirit of the principle accepted vide the notification dated 25.1.1992 to grant selection grades at definite intervals in lieu of promotion. In view of whatever said above, this petition for writ is allowed. The decision of the respondents to withdraw second selection grade granted to the petitioner on completion of 18 years of service is declared illegal. The respondents are directed to restore the second selection grade granted to the petitioner w.e.f. 28.10.2002 under the order dated 6.6.2003. No order to costs. ( GOVIND MATHUR ),J. kkm/ps.