STATE OF RAJASTHAN AND OTHERS Vs. USMAN GANI

JUDGEMENT

(1.) The respondent Usman Gani preferred S.B. Civil Writ Petition No. 3237/1998 seeking relief for quashing order dated 22.11.1997 (Annex.4), by which the benefit of second selection grade granted to the writ petitioner, after completing of service of 18 years, has been withdrawn. The writ petition of the petitioner was allowed by the learned Single Judge vide judgment dated 16.5.2001 and order passed by the State Government dated 22.11.1997 withdrawing the selection grade of the petitioner was quashed. The respondent State preferred D.B.Civil Special Appeal No.588/2001 to challenge the judgment passed by the learned Single Judge dated 16.5.2001. The said special appeal was allowed by the Division Bench of this Court vide judgment dated 19.4.2002 in absence of the respondent and respondent's counsel. Therefore, the respondent submitted Review Petition No.30/2002 which was allowed by the Division Bench of this Court vide order dated 27.3.2008 on the ground that there was reasonable cause for the respondent's counsel for his non-appearance on the relevant date and, therefore, the judgment of this Court allowing the said Special Appeal vide order dated 19.4.2002 was set aside and the D.B. Special Appeal No. 588.2001 was restored to its original number.

(2.) Heard learned counsel for the parties.

(3.) The learned counsel for the appellant-State submitted that the learned Single Judge committed error of law in interpreting the Government Circular dated 4.12.1996. According to the learned counsel for the appellant-State, it was provided by the Government order dated 25.1.1992 to grant selection grade to the employees who are not provided promotion to the higher post and in this sequence the person who continues on one post and is not promoted to higher post in nine years, then he becomes entitled to first selection grade, and such person on completion of 18 years without promotion, he becomes entitled to second selection grade and on completion of 27 years, he becomes entitled to third selection grade. However, this benefit became counter productive inasmuch as that the employees started refusing promotion on pretext of various consideration, as by refusing promotion they would not put to any loss. This situation was considered by the Government and then new order dated 4.12.1996 was issued wherein it has been provided that if the employee will not accept the offered promotion then his already granted selection grade will be withdrawn. In this case also, the petitioner-respondent refused to accept the promotion, therefore, the State has withdrawn his selection grade vide impugned order dated 22.11.1997. According to the learned counsel for the State, the learned Single Judge misinterpreted the Government order dated 4.12.1996.