JAI KRISHNA GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By instant writ petition, petitioner has challenged order dated 27.5.1995 (Annex. 1), whereby selection scales granted vide orders dated 17.6.1992 & 14.2.1994 on completion of 9 & 18 years of service, have been withdrawn.

(2.) Facts, in brief, are that petitioner initially joined service as Borer on 7.10.1967 in the Ground Water Department and holding the post in substantive capacity. Pursuant to policy decision of the State Government vide Circular dated 25.1.1992 for grant of selection scales, the employees who were members of Ministerial and Subordinate Services so also Class IV cadre, on completion of 9, 18 and 27 years of services in the cadre/service, are considered for grant of selection scales. Since, the petitioner was initially appointed on 7.10.1967, he completed initial 9 year's service in 1976, so also 18 year's service in the year 1985, therefore, was considered and granted selection scales on completion of 9 and 18 years' service in terms of Circular dated 25.1.1992, vide orders dated 17.6.1992 and 14.2.1994, but both the scales were withdrawn by respondents vide order dated 27.5.1995 (Annex. 1) without affording an opportunity of hearing on the pretext that there were adverse remarks recorded in his APARs of 1988-89, 1989-90, 1990-91 and 1991-92; and accordingly, as per order dated 27.5.1995 (Annex. 1), he was to be considered being eligible for grant of selection scales of 9 and 18 years' service after four years thereafter. Hence, this petition.

(3.) Shri R.K. Sharma, counsel for petitioner urged that once petitioner has been granted selection scales on completion of 9 and 18 years' service from the date of his first appointment in terms of Circular dated 25.1.1992, the same could not have been withdrawn by respondents vide order dated 27.5.1995 (Annex. 1) without due compliance of principles of natural justice, as it violates basic right involving civil consequences and selection scale once granted could not have been withdrawn without issuing show cause notice to him. In this regard, Shri R.K. Sharma placed reliance upon decision of this Court in Pushplata Thada v. State, 2001(2) WLC (Raj.) 560.