MAHESH CHANDRA TIWARI Vs. STATE OF RAJ

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) BY way of the instant writ petition, the petitioner has challenged the action of the respondents in deferring grant of selection scale to him by 4 years as well as for directing the respondents to revise his pension case and to grant him arrears along with interest on the amount accrued in his favour.

(3.) FACTS in brief are that the petitioner was appointed on the post of Patwari on 10.11.1971. He was declared permanent and was allotted regular pay scale with effect from 3.10.1972. The petitioner has claimed in the writ petition that from time to time, grade increments and other benefits were granted to him and after holding the post at numerous places, he superannuated on attaining age of retirement on 31.7.2008. The petitioner has further mentioned in the writ petition that 4 departmental enquiries were held against him during his service tenure. Two of the enquiries culminated in penalty of stoppage of two grade increments with cumulative effect and in the remaining two, he was punished by censure. For getting the benefit of Rajasthan Civil Services (Revised Pay Scales) Rules, 1989, he submitted an application to the respondents for grant of revised pay scales on 14.2.1990. The petitioner's claim for grant of grade increments/revised pay scale was decided on 8.8.1995 and he was granted benefit of selection scales upon completion of 9, 18 and 27 years of service with a deferment of 4 years and thus, the second selection scale was given to the petitioner w.e.f. 2.3.1994, though he had completed 18 years of service in the year 1990. He was granted the benefit of third selection scale on 15.11.1998 upon completing 27 years of service. When the petitioner was about to attain the age of superannuation on 31.7.2008, an order Annex.P/5 dated 11.1.2008 was issued by the respondent department for completing the pension case of the petitioner.