GULAM KABEER AHMED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS special appeal is directed against order dated 8.3.2000 passed by the learned Single Judge of this Court, whereby the writ petition preferred by the appellant assailing the order dated 27.12.96 issued by Officer on Special Duty (Rules) Department of Finance (Rules Division), Government of Rajasthan, under the orders of the Governor of Rajasthan and seeking directions for fixation of his pension treating his actual pay on the date of retirement as Rs. 2,950/ -, stands dismissed.

(2.) THE appellant was appointed as Assistant Teacher in the Department of Education , Government of Rajasthan on 4.S.58. and was later promoted to the post of Senior Teacher. He retired from the service on attaining the age of superannuation as Senior Teacher on 31.1.97.

(3.) AS per the Government order dated 25.1.92, whereby the selection grades were introduced for the employees referred supra in case a government servant forgoes the chance of promotion, he is not allowed second and/third selection grade but, in respect of government servant who is offered promotion after grant of second and/third selection grade if he forgoes the chance of promotion, he was entitled to continue to draw pay in the selection grade. However, keeping in view the tendency amongst the Government servants of forgoing the promotions on various personal consideration so also considering the difficulties experienced by the various appointing authorities in filling the promotion posts from the competent and qualified persons and the adverse effect thereof in performance of the Government work, the Government of Rajasthan issues an order dated 4.12.96 modifying the aforesaid order dated 25.1.92, whereby it was provided that government servant who is drawing pay in second or third selection grade, if on his actual promotion to second/third promotion post forgoes the promotion the benefit of second and/third Selection grade , as the case may be, shall be withdrawn from the date he forgoes the promotion and the pay of such an employee shall be refixed either in the first promotion post or in the first selection grade or in pay scale of second promotion post, at the stage he would have drawn had he not been granted second and/third selection grade(s), as the case may be. But, it was clarified that the government servant who had forgone the second or third promotion before issue of the aforesaid order dated 4.12.96 and he is drawing pay either in the second or third selection grade, as the case may be, shall not be withdrawn and in case, such a government servant is again offered promotion after issue of the said order, the benefit of second and third selection grade shall be withdrawn from the date he refused the promotion. It is relevant to mention here that aforesaid order dated 4.12.96 was issued under the signature of Officer on Special Duty(Rules), Department of Finance( Rules Division), Government of Rajasthan under the orders of the Governor vide order No. EDB/RECORD/5912/1/96 dated 27.12.96.