BHAIRU LAL BUDDHGAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE short controversy involved in this writ petition is that vide order dt. 17.08.1976 the petitioner was appointed on the post of LDC cum Steno in Rajasthan Handloom Development Corporation, Jaipur in the pay scale of Rs. 110 -230 and vide order dt. 17.03.1977 he was also given appointment under Ganganagar Sugar Mills Limited on the post of Stenographer Grade -II in the pay scale of 185 -7 -220 -EB -8 -292. The petitioner was granted first selection grade w.e.f. 25.01.1992 and vide order dt. 20.01.1996, he was granted second selection grade on completion of 18 years of service w.e.f. 01.12.1995. Subsequently, vide order dt. 31.07.1989, the petitioner was confirmed on the post of Stenographer w.e.f. 20.08.1976.

(2.) AFTER completion of 27 years of service, the petitioner was entitled to get third selection grade for which the Government has also issued order dt. 18.07.2006 for approval of grant of third selection scale to the petitioner, but instead of granting third selection grade, the respondents refused to grant the same and withdrawn the second selection scale granted to the petitioner w.e.f. 01.12.1995 and the excess payment which was made to the petitioner was also ordered to be recovered from him.

(3.) PER contra, learned Counsel appearing for the respondents submits that the on completion of 9 years of service first selection scale was granted to the petitioner vide order dt. 20.10.1994 w.e.f. 25.01.1992 and second selection scale was granted on completion of 18 years of service vide order dt. 20.01.1996 w.e.f. 01.12.1995, but the selection scale granted to the petitioner is contrary to the circular dt. 25.01.1992 as the petitioner had already been given first promotion from the post of LDC to Steno Grade -II vide order dt. 13.01.1978 w.e.f. 01.12.1977 and second promotion to the post of Personal Assistant vide order dt. 26.08.1992 w.e.f. 04.06.1992 and as such, any benefit taken by the petitioner under the bonafide mistake, the same is corrected vide order dt. 31.01.2008.