1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.34/2004 Lal Chand Teli vs. State of Rajasthan & Ors. Date of order : 18/12/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Ashish Saksena for the petitioner. Shri Aklesh Jain, Dy. Govt. Counsel for the respondents. ****** Shri Ashish Saksena, learned counsel for the petitioner has argued that second and third selection grades granted to the petitioner with effect from 25.1.1992 were withdrawn by the respondents by order dated 15.9.1999 on the premise that petitioner had foregone the promotion granted to him on the post of Senior Teacher vide order dated 17.2.1997. Learned counsel for the petitioner submitted that this controversy has been set at rest by judgement by this Court in Ramdhan Arun vs. The State of Rajasthan & Ors., S.B. Civil Writ Petition 4572/2000 decided on 19.9.01 in which the learned Single Judge of this Court held as under: “Interpretation suggested by the counsel for the respondents to clause 8 if accepted would mean that the 2 government servant can be refused second or third selection grade whenever a promotion is offered to him and not accepted by him even at the fag end of his career. The selection grades became due on completion of 9, 18 & 27 years of service and non- entitlement for the same can be a cause anterior to such date and not the cause subsequent to the date.” It is contended that the aforesaid judgement was challenged before the division bench in D.B. Special Appeal (Writ) No.991/01 and the appeal of the State was dismissed vide order dated 24.10.2002 with the following observations: “We are not at all impressed with this argument as has been advanced by the learned counsel for appellants. May be that selection scales have been introduced to take care of the stagnation in service yet it is always open to a government servant to forgo promotion. Merely because a government servant forgoes his promotions he would not get the benefit of selection scales also, is not at all tenable.” In view of the above, this writ petition is allowed. The impugned orders are quashed and set aside. The petitioner shall be 3 entitled to consequential benefits and the respondents are also directed to refund the amount of Rs.32,647/- recovered from him. The petitioner shall also be entitled to interest at the rate of 6% per annum on the aforesaid amount of arrears and the refund. Compliance of the judgement be made within a period of three months from the date its copy is produced before the respondents. (MOHAMMAD RAFIQ), J. RS/