Mohammad Rafiq, J. - (1.) This writ petition has been filed by Petitioner challenging action of Respondents in not granting him third selection grade on completion of 27 years of service in terms of government circular dated 25.1.1992.
(2.) Shri Sharat Chand Sethi, learned Counsel for Petitioner, has contended that Respondents have not granted third selection grade to Petitioner on completion of 27 years of service though it became due to him in 2001, on the ground of penalty of censure awarded to him on 28.06.1988. Learned Counsel argued that grant of selection scale cannot be equated with promotion. Learned Counsel relied on Division Bench judgment of this Court in Devi Singh v/s. State of Rajasthan and Ors., 2004 WLC (Raj.) 327, and argued that selection grade only confers higher pay in same post and is intended to prevent stagnation. The Division Bench in said case has held that censure cannot be made basis for non -grant of selection scale. It is, therefore, prayed that action of Respondents in not granting selection scale to Petitioner be held to be illegal and they be directed to grant him selection scale on completion of 27 years of service.
(3.) Shri Nalin G. Narain, Deputy Government Counsel appearing on behalf of Respondents, opposed writ petition and argued that according to Government Circular dated 25.1.1992 selection scale is granted on the basis of satisfactory service record and, therefore, parameters that are applicable case of promotion would equally apply when employee is considered for grant of selection scale. It was argued that Petitioner was during relevant period awarded penalty of censure.;