- (1.) THIS Writ Petition has been filed challenging the order dated 20th December, 2006 by which the Director of Education has granted the selection grade to respondent No. 7.
(2.) SRI Prakash Padia learned Counsel appearing for respondent Nos. 2 and 3 has raised a preliminary objection regarding the maintainability of the Writ Petition at the behest of the petitioner contending that the selection grade is personal to respondent No. 7 and by grant of such grade, the petitioner has not suffered any legal injury. He, therefore, submitted that the petitioner cannot claim any relief whatsoever as no legal injury has been caused to her. In State of Orissa v. Durga Charan, AIR 1966 SC 1547, considering the statutory provisions of the Rules, i. e. Government of India (Construction of Orissa) Rules, the Hon'ble Supreme Court held that selection grade is to be granted for the purpose of promotion on a selection post, therefore, it cannot be claimed as a matter of right merely on the basis of seniority. Another Constitution Bench of the Hon'ble Supreme Court in Lalit Mohan Deb & Ors. v. Union of India & Ors. , AIR 1972 SC 996, explained the scope and concept of selection grade observing as under : "this has been recognised by the Central Pay Commission in para 10 of Chapter X of the Report. The Commission observed "with the object of providing incentive to employees who have no outlets or very limited outlets for promotion to higher posts, we are recommending in a number of cases that a certain percentage of the posts in the grade-usually 10 per cent should carry a somewhat higher scale of pay even though there will be no change in the duties. Following the terminology in vogue, we have described these posts as selection grade posts. " It is well recognised that a promotion post is a higher post with a higher pay. A selection grade has higher pay but in the same post. A selection grade is intended to ensure that capable employees who may not get a chance of promotion on account of limited outlets of promotions should at least be placed in selection grade to prevent stagnation on the maximum of the scale. Selection grades are, therefore, created in the interest of greater efficiency. "
(3.) IN Dayaram Asanand Gursahani v. State of Maharashtra & Ors. , AIR 1984 SC 850, the Hon'ble Apex Court interpreted the provisions of Bombay Judicial Service Recruitment Rules, 1956, which also included the provision for grant of selection grade. The Apex Court held that the Rules were meant to give a selection grade to an individual officer if his service for a particular prescribed period is found satisfactory. Therefore, in such an eventuality, selection grade was not given by selection but on the basis of seniority subject to found unfit. In Union of India & Anr. v. S. S. Ranade, (1995) 4 SCC 462, the Apex Court examined the same issue again and held that it will depend upon a particular Rules in case element of selection is involved in grant of selection, it would amount to promotion in a higher pay scale and it cannot be claimed as a matter of right or automatically. However, there may be a case like Dayaram Asanand Gursahani (supra), where it may be claimed only on the basis of seniority. Thus, as to whether grant of selection grade is a promotion or not, would depend upon a particular Rules/government Orders/circulars etc. It may be promotion or not, depending upon the facts of a case.;