B.L. MEENA Vs. RAJASTHAN HIGH COURT

JUDGEMENT

(1.) By way of this petition, the petitioner has challenged the action of the respondent whereby the petitioner was deprived of the legitimate right of grant of selection grade (SC) in Rajasthan Higher Judicial Service Cadre with effect from 1.4.2001 and super time scale with effect from 1.8.2005.

(2.) The facts of the case are that the petitioner was appointed as judicial officer selected in Rajasthan Judicial services and was posted on 2nd January, 1979 as Munsiff cum Judicial Magistrate. The petitioner was granted selection scale in Rajasthan Judicial Services Cadre from 13th August, 1987. Later on, he was further awarded the super time scale in Rajasthan Judicial Services with effect from 19.3.1991. 2. 1. The petitioner was promoted to the post of District and Sessions Judge and was posted as Special Judge, Essential Commodities Act Cases, Jaipur. Since the said Court was not having the plurality of the cases, therefore, the rule of determination of the quota was not applicable and hence the respondent vide office order dated 3.3.1979 exempted this quota criteria for the purpose of judging the efficiency of the officer posted in this Special Court. The petitioner's predecessor as well as the successors have been awarded the selection scale and the petitioner was not granted the same.

(3.) The petitioner's counsel has taken us through record and different circulars and contended that he is entitled for the benefits.