Sunil Gaur, J. - (1.) Quashing of order of 18th February, 2016 (Annexure P-8) and grant of Selection Grade Scale w.e.f. 1st December, 1996, is sought by petitioner. Vide impugned order of 18th February, 2016 (Annexure P-8), petitioner's Representation for grant of Selection Grade Scale in the post of Assistant Grade-I, has been declined by respondents, as petitioner was promoted on 27th February, 2001 and there was no vacancy prior thereto.
(2.) It is the case of petitioner that he became eligible for grant of Selection Grade Scale w.e.f. 1st December, 1996 and eight of his juniors have been granted Selection Grade Scale. Petitioner's counsel submits that in the Zonal Seniority List of Assistant Grade-I, petitioner's name is shown at Sl. No. 81 whereas his juniors figure at Serial No.134 onwards but still they have been granted the benefit of Selection Grade Scale.
(3.) In paragraph No.10 of the counter affidavit filed by respondents, it is maintained that upto the year 1998 there was no vacancy for filling Selection Grade Scale posts and in the year 1999, persons senior to petitioner were granted Selection Grade Scale, whose details are provided. It is clarified by respondents' in the counter affidavit that Selection Grade is awarded to 30% employees out of the sanctioned strength and not upon completion of twelve years of service. According to respondents, petitioner did not come within 30% strength and so, he could not be granted Selection Grade.;