RAVINDRA KUMAR DIXIT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) COUNSEL submits that the petitioner, who was initially appointed as Senior Teacher (English) on 18/03/1986 and was granted Ist Selection Scale in July, 1995, became due for IInd Selection Scale but despite representation made the benefit was not extended to him. However, a charge sheet under Rule 17 of the CCA Rules, 1958 dt. 19/05/2008 was served upon the petitioner in pursuance to which he has already submitted his reply which is subjudice and his apprehension is that because of its pendency, neither his candidature has been considered for IInd Selection Scale nor benefit of fixation under 6th Pay Commission has been extended to him It is true that the memorandum served upon the petitioner under Rule 17 of the CCA Rules will not come as an impediment and deprive him of service benefits to which he is entitled for and it is always for the respondents to pass appropriate orders in accordance with law in reference to memorandum under Rule 17 dt. 19/05/2008 served upon him but so far as the benefit of IInd Selection Scale as also fixation in the 6th Pay Commission is concerned, it certainly requires to be considered by the authorities.

(2.) WITHOUT going into merits of the matter any further, this Court considers it appropriate to direct the petitioner to make representation before the competent Authority who may consider and examine the same objectively and pass speaking order within three months thereafter. Copy of the decision may also be communicated to the petitioner, who if still feels aggrieved, will be free to avail remedy in accordance with law.