RAM PRASAD MEENA Vs. STATE

JUDGEMENT

(1.) Instant petition has been filed by petitioner, who stood compulsory retired in public interest Under Rule 53(1) of Rajasthan Civil Services Pension Rules, 1996 vide order dt. 19th May, 2000. However, basically assailed his grievance before Tribunal that despite of his adverse record of service, he is entitled for selection scale in terms of circular of the Government dt.25th January, 1992.

(2.) Petitioner joined service in 1980 as Forester. In the reply filed by respondents before Tribunal it was averred that petitioner remained wilful absent from duty for 675 days and apart from it, he was penalized with the penalty of one annual grade increment vide orders dt.8th September, 1983, 12th December, 1984 & 17th December, 1984 and was further penalized for with-holding of two annual grade increments with cumulative effect vide order dt.16th January, 1987 and apart from it, his APARs for the year 1982 CW 11521/09th January, 1992 for grant of selection scale. In absence whereof, his grievance with respect to grant of selection scale was rejected under order impugned dt.2nd July, 2009 [Ann.3]. However, the petitioner filed review application that was rejected on 13th August, 2009. However, some factual error was made by Tribunal while recording a fact while disposing of review application.

(3.) Counsel for petitioner submits that as per circular dt.25th January, 1992, if there is a penalty of stoppage of increment or unsatisfactory service or adversity in the APARs, selection scale is deferred for one year after its became due. In the instant case, even if all the penalties and adverse remarks which were recorded in the respective APARs, of which reference has been made by learned Tribunal under order impugned, if taken at its face value, still he was entitled to get first selection scale before he could be compulsory retired as he completed 20 yrs. service by that time and in such circumstances, very finding recorded by Tribunal, requires interference by this Court.