HANUMAN SINGH TANWAR Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) THE prayer in the present case for grant of benefit of third selection of the ACP as per rules.

(2.) THE petitioner was appointed as L.D.C. and was confirmed on 2.2.1987. On completion of 18 years of service, he was granted the second selection grade vide order dated 29.5.2003 w.e.f. 18.10.2002. After rendering more than 23 years of service, the petitioner was granted his first actual promotion on the post of U.D.C. vide order dated 16.8.2007. The petitioner vide his application dated 21.8.2007 expressed his desire to forego the promotion. His request was accepted. However, while accepting the request of the petitioner, his second selection grade, which was already granted to him in the year 2002, was withdrawn. The petitioner filed S.B. Civil Writ Petition No. 8410/2007 challenging the action of the respondents in withdrawing the selection grade. The said writ petition was allowed vide order dated 5.1.2009 and the respondents were directed to restore the second selection grade. The appeal filed by the respondents against the said order was dismissed on 25.1.2010. Meanwhile, the respondent -Department promoted the petitioner on the post of U.D.C in the year 2010 and he joined as U.D.C. w.e.f. 12.11.2010. Thereafter, the petitioner became eligible for grant of third selection grade with ACP on competition of 27 years of service. On 30.11.2011, he submitted a representation to grant him third selection grade. The same was rejected in view of sub -clause (2) of Clause 18 of Circular No. F14(88)F.D.(Rules)/2008 -I dated 31.12.2009 of the Finance Department, Jaipur. The said Clause reads as under: -

(3.) LEARNED counsel for the parties were heard at length.