JABBAR SINGH Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) BY way of the instant writ petition, the petitioner has approached this Court praying for the following reliefs: -

(2.) FACTS in brief are that the petitioner was appointed on temporary basis on the post of L.D.C. in the Cooperative Department on 26.4.1967. The services of the petitioner were made permanent on the said post w.e.f. 16.10.1970 in the pay scale of 90 -4 -102 -EB -110 -5 -135. While being in service as a L.D.C., the petitioner appeared in the selection process for appointment to the post of Inspector Gr. -II. He was declared successful. The petitioner was granted benefit of selection scale in the pay scale of Inspector inadvertently and accordingly the respondents issued notice to the petitioner proposing to withdraw the aforesaid benefit. The petitioner gave a reply to the said notice. However, the reply submitted by the petitioner was found unsatisfactory and was dismissed by order Annexure -5. Hence the instant writ petition.

(3.) PER contra Ms. Kusum Rao vehemently opposed the submissions advanced by the counsel for the petitioner. However, she too is not in a position to dispute the fact that as the petitioner had worked in the pay scale of L.D.C. for a period in excess of 9 years after being regularized in service, the benefit of selection scale accrued to him. She, however, states that in view of the circular dated 29.6.2009 the recovery of the benefits of selection scale already granted to an employee is not permissible to be recovered if such benefits have been extended uptill 30.5.2009.