MADAN MOHAN LOHIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant in this appeal has challenged the judgment passed by a learned Single Judge of this Court in S.B. Civil Writ Petition No. 3253/93 dated 21.7.1993.

(2.) The appellant joined the service as Lower Division Clerk on 20.8.1973 in the office of the District and Sessions Judge, Jodhpur. For a pretty long time, he continued to discharge the functions of LDC and completed 15 years of service on the post of LDC. On completion of his service of 15 years, he was not considered for being granted selection grade as by the notification of the Finance Department, dated 14.3.1985, the posts for such consideration were restricted to 10% only. In the meanwhile, the appellant-petitioner was promoted as Upper Division Clerk on 14.12.1989.

(3.) After the appellant was promoted as UDC on 14.12.1989, a circular was issued by the Finance Department being Circular No. G/20(90)FD/Gr.2/89 dated 19.12.1990. By this Circular the condition of 10% of the posts were relaxed and it was ordered that if the employee was eligible then from 1.9.1988 that employee could be granted selection grade. The appellant in pursuance to this notification staked his claim for being awarded selection grade. A representation was preferred by him and the learned District and Sessions Judge, Jodhpur decided his representation and held that the appellant had an adverse entry in his APR for the year 1984-85, and therefore, on the basis of that adverse entry, he was rightly not awarded the selection scale. Against the dismissal of his representation he preferred an appeal to the High Court, which was decided by a learned Judge of this Court on the administrative side vide its order dated Feburary 12, 1996. The appeal was allowed in part and the appellant was granted selection w.e.f. 16.12.1989, the date when he was promoted as UDC. Against this order, the appellant preferred a writ petition, praying that he should be granted selection grade from 1.9.1988, and not from the date of his promotion as UDC. This is an ineffective order as the lowest grade of UDC and that of the selection grade of LDC is same.