SHIV SHANKAR Vs. STATE AND ORS.

JUDGEMENT

(1.) Counsel for Petitioners is that on account of penalty of censure, benefit of selection scale cannot be deferred and in support, he placed reliance upon the judgments of this Court in Devi Singh v/s. State of Rajasthan and Ors., 2004 (2) CDR 925 (Raj.), State and Anr. v/s. Bheem Singh, 2009 WLC 8 and Prabhu Lal Meghwal v/s. State of Rajasthan and Ors. (CWP -9536/2005 decided on 26/08/2008). The judgment of Division Bench has been followed by the Co -ordinate bench of this Court in S.B. CWP -9536/2005 (Prabhu Lal Meghwal v/s. State of Rajasthan and Ors. (supra) wherein it has been held that grant of selection grade neither constitutes a separate cadre nor involves an element of selection; it is rather automatic and personal to incumbent on completion of number of years of service. However, penalty of censure which is treated to be one of the minor penalty will not come in the way of deferment of the selection scale. However, every penalty provided under Rule 14 of the CCA Rules may not be construed as a ground for deferment. The operative part of the judgment is as follows:

(2.) In the light of the judgments (supra) the present writ petition is disposed of with the direction to the Petitioner to make a representation to the Respondents which shall be considered for grant of selection scale in the light of the aforesaid judgments referred to supra. The authority may decide the matter by passing a speaking order within three months from the date of submission of representation in accordance with law.