B.L. RATHI Vs. RAJASTHAN AGRICULTURE UNIVERSITY

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner.

(2.) THE petitioner who was appointed on the post of LDC in the year 1959 was offered first promotion in the year 1964 and he was appointed on the post of UDC in the year 1964. On 25.1.1992, the State Government decided to give benefits to the employees who were not given the promotion in spite of good length of service of 9 years, 18 years and 27 years. As per the scheme of that grant of selection grade vide order dated 25.1.1992, the first selection grade shall be granted to the employees from the date following the day on which one completes service of 9 years, provided that the employee has not got one promotion earlier as is available in his existing cadre. The second selection grade could have been granted from the day following the day on which one completes services of 18 years, provided that the employee has not got two promotions earlier as might to be available in his existing cadre and the first selection grade granted to him, as the case may be was lowest the pay scale of Rs. 2200 -4000. The third selection grade could have been granted the day following the day on which one completes services of 27 years, provided that employee has not got three promotions earlier as might be available in his existing cadre and the first and second selection grade granted to him, as the case may be was lowest the pay scale of Rs. 2200 -4000. As per Clause (8) of the said scheme if an employee forges promotion on issue of order "to this effect", he shall not be granted second or third selection grade "under this order".

(3.) LEARNED Counsel for the respondent submitted that the scheme itself came into existence from 25.1.1992 and in the scheme itself it is made clear that under what circumstances the employee can get the first, second and third selection grade. Admittedly, the petitioner before 1992 thrice forego his promotion in the year 1992 and 1995 and, thereafter, it was not the case of stagnation in any particular cadre and as per the clause No. 2 of the scheme, the petitioner was rightly not granted the, second and third selection grade. This issue has been considered after taking care of the orders dated 25.1.1992, 3.4.1993 and 15.4.2006.