(1.) IN this writ petition, the petitioner has challenged the impugned order dated 23. 8. 97, by which the benefit of third selection grade has been withdrawn by the respondents on the ground that this withdrawal is not only contrary to the circular dated 18. 10. 93 but also discriminatory and the right which has been accrued cannot be withdrawn.
(2.) LEARNED counsel for the petitioner referred the circular/order dated 18. 10. 93, whereby the controversy `as to whether the employees who are promoted to the next higher post after grant of second or third selection grade and he declines to accept the chance of promotion, would be continue to draw pay in the second or third selection grade as the case may be, or not', is resolved as under:- " The matter has been considered and the Governor is pleased to order that Government servants who are promoted to the next higher post after grant of third selection grade and who forgo the chance of promotion would continue to draw pay in that Selection Grade. Government servants who are promoted to the next higher post after grant of second selection grade and who forgo the change of promotion would continue to draw pay in that second selection grade but such employees would not be eligible for third selection grade. "
(3.) CONSEQUENTLY, the writ petition fails and the same is herewith dismissed. _ .