BHAGWATI LAL Vs. STATE OF RAJ AND ORS.

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) BY way of the instant writ petition, the petitioner has prayed for the following reliefs: - -

(3.) LEARNED counsel for the petitioner contends that annual grade increments or the selection scale can only be withheld in the event of a punishment being imposed upon the employee after following the procedure prescribed under the CCA Rules of 1958. While referring to Rule 29 of the Rajasthan Service Rules, he contends that the increments as and when become due, are incidental to service and are to be drawn as a matter of course, unless withheld under an order passed after following due process of law. He contends that as no order withholding the annual grade increments admissible to the petitioner has been passed in any departmental proceeding, the action of the departmental authorities in withholding the annual grade increments and the selection scales otherwise admissible as per law is unjust, arbitrary and unconstitutional. He prays that the writ petition deserves to be accepted with a direction to the respondent authorities to release the annual grade increments and also to grant benefit of the selection scales to the petitioner from the date such benefits accrued. He further prays that for the period during which the said benefits were withheld without any justification, the petitioner is also entitled to interest on the accrued amount.