MURARI LAL GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The issue involved in the present writ petition is whether petitioner should be entitled to retain the benefit of second selection scale granted to him vide order dated 24/7/1995 w.e.f. 10/7/1995 despite his refusal to accept the promotion. Petitioner was granted second selection scale vide order dated 19/10/1992 w.e.f. 25/1/1992 pursuant to the scheme of selection scale introduced by the Government vide circular issued on that date. He was granted third selection scale on comletion of 27 years of service vide order dated 24/7/1995 w.e.f. 10/7/1995. Petitioner in the meantime was promoted on the post of Office Assistant vide order of the respondents dated 15/1/1995. He however, by his letter dated 27/1/1995 declined to accept that promotion. Subsequently, however, he was again promoted on the post of Office Assistant vide order dated 3/6/1998 on which post he joined on 20/6/1998. Petitioner while working on the post of Office Assistant retired from service w.e.f. 31/8/2008. When his pension case was being prepared, at that time, respondents at that stage sought to withdraw the benefit of second and third selection scales granted to the petitioner retrospectively and accordingly revised his pay making certain recoveries.

(2.) Shri Saransh Saini, learned counsel for the petitioner cited the order passed by the Chief Executive Officer Secondary Education Rajasthan Bikaner dated 1/6/2008 which was based on the clarifications made by the Government vide circular dated 6/5/2005 wherein scope and purport of the clarifications earlier issued on 4/12/1996 was explained. It was clarified that even if a Government servant has forgone his promotion and on that basis selection scale earlier granted has been withdrawn, upon his promotion at subsequent stage, those benefits will be liable to be restored back to him.

(3.) Shri Ganesh Meena, learned Government Counsel appearing for the State however has opposed the writ petition and cited two judgments of this Court in Krishan Kumar Vs. State of Rajasthan & Ors., 2006(4) RLW 3274 and argued that in that judgment also the employees who after grant of second and third selection scale, declined to accept, has been held to be not entitled to retain those benefits. This was held on the basis of Government circular dated 4/12/1996.