AMAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant writ petition under Art. 226 of the Constitution of India, the petitioner seeks a direction to the respondents to grant him second selection grade in pursuance of the Circular dated 25.1.1992 and also seeks quashing of the order Annexure 2 dated 3.6.2004 issued by the respondent No. 3.

(2.) I have heard learned Counsel for the parties.

(3.) It is contended by the learned Counsel for the petitioner that the respondent State issued a Circular dated 25.1.1992, para 4 of which provides that the second selection grade, wherever admissible in terms of this Circular, shall be the pay scale of second promotional post available to that employee in the same service/cadre, provided that In case there is no second promotional post in the same service/cadre or the employee does not possess the requisite academic qualification prescribed for the promotion and in respect of isolated post, the second selection grade shall be the pay scale corresponding to the existing pay scale, i.e. the pay scale (pay scale of the post held or the selection scale) as specified in paragraph 5 and, therefore, the petitioner submits that the second selection grade admissible in terms of the Circular dated 25.1.1992 shall be the pay scale of next promotional post in the same service cadre. It is contended that the petitioner was granted the selection grade, but the respondent No. 3, without affording an opportunity of hearing, withdrew the same.