REKHA SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) COUNSEL submits that petitioner has been punished with penalty of censure vide order dt.05.03.2008 on account of which third selection grade which became due on completion of 27 years of service on 02.05.2010 has been withheld only on the premise of being punished with penalty (supra). COUNSEL submits that on account of penalty of censure, benefit of selection scale cannot be deferred.

(2.) IN support of his submission, counsel placed reliance upon judgments of this Court delivered in Devi Singh Vs. State (2004(2) CDR 925 (Raj.); State Vs. Bheem Singh (2009 WLC (Raj.) UC p.8) and Prabhu Lal Meghwal Vs. State (CWP-9536/2005 decided on 26/08/2008). Judgment of Division Bench has been followed by Co-ordinate bench in CWP-9536/2005 (Prabhu Lal Meghwal Vs. State, 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 & personal to the 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 :-