STATE OF RAJASTHAN Vs. SHANKAR LAL PARMAR

JUDGEMENT

(1.) Leave granted.

(2.) The solitary question that arises for our consideration in the instant and the connected appeals is whether an employee would be entitled for the grant of Selection Grade, automatically, at the first instance, after the completion of 9 years, at the second instance, after the completion of 18 years and at the third and last instance, after the completion of 27 years of service, even when he has earned censure in the past years of service.

(3.) In fact, on the strength of an Order pronounced by Division Bench on 12.12.2003 in the matter of Devi Singh v. State of Rajasthan and Ors. reported in 2004 (2) CDR 925 (Raj), several matters came to be filed in the High Court of Judicature of Rajasthan both at the Principal Bench at Jodhpur and at the Bench at Jaipur claiming entitlement for the Selection Grade. Unfortunately, the learned Judges, either sitting in Single Bench hearing Writ Petitions of the employees or in Division Bench, hearing Writ Appeals of the State, without properly appreciating or adverting to the ratio decidendi of the case, in a stereotype manner, went on allowing the Writ Petitions filed by the employees and dismissing the appeals preferred by the State. The approach adopted by the High Court in all such cases would reflect that the judgment in Devi Singhs case has not only been misread but has also been misinterpreted by them. In fact, it was the duty of the learned Advocate for the Appellants, who had appeared in the High Court to have pointed out the distinction, but apparently it appears that he failed to do so which has led to erroneous judgments. The controversy has been pending before this Court for quite some time, therefore, we deem it fit to decide it, by a reasoned judgment to iron out the creases and clear the clouds.