HANUMAN SINGH TANWAR Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) 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 writ the petitioner is challenging validity of the withdrawal of second selection grade in pursuant to the circular dated 4.12.1996.

(2.) It is urged by counsel for the petitioner that withdrawal of selection grade on foregoing a promotion given at belated stage is highly unjust.

(3.) 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:-