SHRI KISHAN SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the instant writ petition, the petitioner has challenged the action of the respondents, whereby the second selection grade granted to the, petitioner, vide order dt. 14.09.1994, is sought to be withdrawn precisely on the anvil of it being in contravention of Clause 13 of the Notification of the State Government dt. 25.01.1992, whereby selection grades were prescribed for the employees in the cadre of Class IV, subordinate and Ministerial services. That apart, for assailing the impugned action of the respondents, the petitioner has also taken shelter of Clause (3) of the order/circular dt. 04.12.1996, whereby it is prescribed by the State Government that if an incumbent has not availed his second or third promotion, then his second and third selection grades are liable to be withdrawn.

(2.) THE facts necessary for the purpose of this writ petition are that the petitioner, at the threshold of his service career, was appointed as Teacher Grade -III on 16.08.1960 and thereafter he has availed the promotion in the cadre of Teacher Grade -II in the year 1981. In the year 1992, a notification was issued by the State Government on 25.01.1992, whereby selection grades were prescribed in the form of relief to the employees in the cadre of Class -IV, subordinate and Ministerial services, who were facing stagnation in their service careers in want of proper outlets of promotion. As per the Circular, three selection grades were prescribed with the stipulation that the first selection grade shall be granted on completion of 9 years' services followed by second selection grade on completion of 18 years of services and third selection grade on completion of 27 years of services. As transpired from the pleadings, while working as Teacher Grade -III, the petitioner was further promoted to the post of Lecturer (School) Education and an order to this effect came into offing on 23.11.1996. On receipt of the promotion order, the petitioner immediately submitted an application before the competent authority showing his inclination not to avail the promotion. An application to this effect was submitted by the petitioner before the Director (Education) on 24.11.1996, which was further followed by yet another application dt. 29.11.1996. While acting on application/representation of the petitioner, the District Education Officer (Boys), Chittorgarh addressed a communication to the Headmaster, Government Senior Secondary School, Kesunda, under whom the petitioner was working, to relieve him latest by 07.09.1996. Precisely, the grievance of the petitioner is that although the promotion was accorded to him on 23.11.1996 and immediately he has applied for foregoing the said promotion, the respondents have acted to his detriment by taking a decision to withdraw the second selection grade granted to him, solely on the ground that he has not availed the second promotion. While laying stress on the Circular dt. 04.12.1996, the petitioner has pleaded that, as a matter of fact, he has declined to avail the promotion before issuance of that circular, and therefore, the rigor of that circular cannot be applied to deprive him from his right to claim his salary in the second/third selection grade. That apart, he has also questioned the action of the respondents on the anvil of it being violative of principles of natural justice as before taking the impugned action no notice inspiring the action was given to him.

(3.) IT is also transpired during the course of arguments that after foregoing the second promotion when the opportunity came across the petitioner again he has availed the second promotion w.e.f., 10.12.1998.