LAWS(RAJ)-2009-5-130

RAM SWAROOP MEWADA Vs. RAJASTHAN

Decided On May 08, 2009
Ram Swaroop Mewada Appellant
V/S
RAJASTHAN Respondents

JUDGEMENT

(1.) At the request of learned Counsel for the parties, the final arguments in the writ petition were heard and the same is being disposed of.

(2.) The petitioner has preferred this writ petition pleading therein that he was appointed as Time-keeper on 16th March, 1979 under the work-charged rules in the Irrigation Department, where he was declared surplus with effect from 1st November, 1989 and he was sent to Panchayati Raj Department, where he got training and absorbed. The petitioner was entitled for first selection scale on completing 9 years of service in the year 1988 and second selection scale on completing 18 years of service in the year 1987, but he was not granted the same. It is further contended that the persons junior to the petitioner namely Krishan Dave, Nathu Lal Suman, Mohan Lal were given the benefit of selection scale ignoring the claim of the petitioner, therefore, the respondents be directed to grant the first and second selection scale to the petitioner.

(3.) A notice to show cause was issued to the respondents and in response thereto, they have filed their reply to the writ petition, wherein it is contended that in the service record of the petitioner, his educational qualification has been shown as intermediate. The certificate of the said examination is not available in his personal file nor his educational qualification is verified. The complaint was received in respect of his educational qualification, upon which the petitioner was asked to submit his certificates, but the petitioner did not provide the same and informed that he is IXth standard pass. The educational qualification of the petitioner was enquired into by the Panchayati Raj Department and vide letter No. 3211 dated 20th August, 1999 directions have been received not to grant him the benefit of selection scale of the Gram Sevak-cum-Secretary and thus, for want of the verification of his educational qualification in the service record, the selection scale of the post of Gram Sevak-cum-Secretary has not been granted to him.