DISTRICT COLLECTOR, BANSWARA Vs. BHARAT KUMAR SHUKLA

JUDGEMENT

(1.) AS per the Government of Rajasthan notification dated 25.01.1992, selection grades on completion of 9, 18 and 27 years of service were given to the respondent Government servant by the petitioners by computing the term of service from the date of his initial appointment. The State Government modified the date from which the term of 9, 18 and 27 years of service was to be computed and the term of service was to be determined by taking into consideration the date on which the Government servant qualified the screening and efficiency test for regularization in service, accordingly, the dates for granting selection grades were also deferred. Being aggrieved by the same, the respondent Government servant preferred appeal before the Rajasthan Civil Services Appellate Tribunal. The appeal came to be allowed by the order dated 28.05.2005. Being aggrieved by the same, this petitions for writ is preferred by the State Government.

(2.) IT is averred in the petition for writ that the selection grades granted to the Government servants are in lieu of promotion, therefore, the period of service rendered in ad hoc capacity cannot be taken into consideration for the grant of selection grades. It is also pointed out that the Hon'ble Supreme Court in the State of Rajasthan & Ors. Vs. Jagdish Narain Chaturvedi (Civil Appeal No.3620/2009) and other batch of civil appeals has also taken the view that the period of service rendered in ad hoc capacity cannot be taken into consideration for grant of selection grades.

(3.) HAVING considered all the facts of the case, this petition for writ is disposed of by setting aside the order dated 28.02.2005 (Annex.2) passed by the Tribunal with direction to the petitioners to consider case of the respondent No.1 in accordance with the circular dated 20.08.2010, if not already considered and if the petitioners have already considered case of the respondent No.1 in accordance with the circular dated 20.08.2010, then that shall not be disturbed because of disposal of this writ petition and no recovery be effected from the pay of the respondent No.1.