SBCWP NO.9410/02. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.9410/2002. G.S. Rawat Vs. Raj.Rajya Vidyut Vitran Prasan Nigam Ltd. & Anr. Date of Order:- April 10, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri H.O.P. Mathur for the petitioner. Shri Amitabh Jatav for the respondents. ****** BY THE COURT:- This writ petition has been filed by petitioner-G.S. Rawat who retired from services of the respondents on 31/8/1999. Petitioner lastly served with the respondents on the post of Accountant. According to the petitioner, he has completed 18 years of service on 21/12/1992 and thus became entitled to receive second Selection Scale because at the time, no departmental proceeding was pending against him. But the respondents have allegedly withheld the benefit of SBCWP NO.9410/02. 2 second selection scale. He was served with the charge sheet on 16/2/1993 and proceedings of the same were concluded on 5/7/1993 with award of penalty of two annual grade increments without cumulative effect. Learned counsel has submitted that even as per the Circular issued by the Jaipur Vidyut Vitran Nigam Limited dated 18/2/2005, subsequent events are not required to be seen for the purpose of grant of selection scale and whatever records are available as on the date on which such selection scale becomes due, would form basis therefor. Learned counsel also relies on the Circular of the then Rajasthan State Electricity Board dated 21/3/1991 by which earlier circular of the RSEB dated 22/5/1990 has been modified and para 2 thereof has been substituted. It is contended that in clause (b) of that circular, provides that at the time of grant of selection scale, if any penalty of stoppage of annual grade increment without cumulative effect is pending, such selection scale shall be postponed corresponding to the number of years for which grade increments were withheld. Therefore, second selection scale which was due to the petitioner as on 21/12/1992 would at any rate be payable on 21/12/1994. Respondents however have not granted relief to the petitioner. SBCWP NO.9410/02. 3 2) Shri Amitabh Jatav, learned counsel for the respondents has opposed the writ petition and submitted that the selection scale in terms of the order dated 6/3/1992 was liable to be granted to only to those employees whose service records are found satisfactory or those who are not under suspension or against whom disciplinary enquiry is not pending but since the petitioner was charge sheeted for the period from 1/9/1992 to 30/9/1992 and he was placed under suspension vide order dated 5/1/1993, therefore, in view of the above circular, petitioner could not be treated eligible for grant of second selection scale. It is contended that the departmental proceedings against the petitioner culminated into stoppage of two annual grade increments without cumulative effect and therefore petitioner would not be entitled to any relief. 3) Having heard learned counsel for the parties and perusing the material on record, I find that there is no denial to the fact even by the respondents that penalty that was awarded to the petitioner was only stoppage of two annual grade increments without cumulative effect while respondents are exercising powers under the instructions of the Board dated 6/3/1992 but at the SBCWP NO.9410/02. 4 same time, there is no rebuttal to the position that petitioner was reinstated vide order dated 19/7/1993 and the enquiry was concluded vide order dated 5/7/1997 with penalty of stoppage of two annual grade increments without cumulative effect. On the same subject-matter, Circular of the RSEB dated 22/5/1990 provides that at the time of grant of selection scale, if any penalty of stoppage of annual grade increment without cumulative effect is pending, such selection scale shall be postponed corresponding to the number of years for which grade increments were withheld. This Circular cannot be overlooked. 4) In the result, writ petition is allowed. Respondents are directed to consider the case of the petitioner for second Selection Scale and give him the said benefit w.e.f. 30/12/1994 by deferring his entitlement to the same by two years and grant him consequential benefits thereafter with interest @6% p.a. Compliance of the judgment shall be made within a period of three months from the date its copy is produced before the respondents. (MOHAMMAD RAFIQ) J. anil