CW 3087/06 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.3087/06 Badri Narain Sharma Versus State & Anr. DATE OF ORDER : 06/02/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Miss Anisha Jain, for petitioner Mr. Pradeep Kalwania, Addl. Govt. Counsel, for respondents *** This is second writ petition filed by petitioner with the grievance that he has not been considered for grant of third selection scale and benefit of jump to which he was entitled for under law has been arbitrarily withheld by the respondents. Petitioner stood retired from service on 30th September, 1996 and since retiral dues were withheld, CWP No.3732/97 was preferred by the petitioner which was decided on 22nd February, 2005 whereby respondents were directed to make payment of Rs.12,376/- which was deducted from the amount of gratuity of the petitioner along with cost of Rs.10,000/-. Respondents infact came out with the plea that petitioner was not entitled for benefit of jump in the pay scale which was given to him and what was paid in excess was withheld from the sum CW 3087/06 [2] of gratuity due and payable to petitioner. However, this court directed them to make payment of amount withheld by the respondents. In reply filed by respondents, it has been averred that so far as third selection scale is concerned, the same was granted to him and accordingly, case was forwarded to the Pension Department for sanction of amended pension and order to this effect has also been placed on record. So far as grievance with respect to jump to which he was entitled for as alleged by the petitioner is concerned, the State Government came out with a plea that it was not admissible. However, once the amount withheld by the respondents has been paid to the petitioner in terms of order of this court dt.20th February, 2005 in CW No.3732/97, the question with respect to consideration of jump as claimed by the petitioner does not survive for consideration. In these circumstances, writ petition has become infructuous and accordingly, dismissed. [AJAY RASTOGI], J. FRBOHRA3087CW06 6-2.doc