P.P.NAOLEKAR,J. - (1.) The petitioner was appointed as Store Munshi vide order dated 1.8.1970 in Public Health Engineering Department in the regular pay scale of Rs. 110-230/-. On 15.6.1973 the petitioner was absorbed on the regular post of LDC in the pay-scale of Rs. 110-230/- w.e.f. 1.4.1971 and was confirmed on the post of LDC vide order dated 14.3.1978 w.e.f 1.3.1977. On 1.5.1975 (Annex. 4) the petitioner was promoted on the post of UDC on ad-hoc basis for a period of 4 months. However, even after the expiry of 4 months the petitioner continued to work on the post of UDC on ad-hoc basis and was subsequently reverted to the post of LDC on his own request by order dated 27.2.1986. On 27.4.1989 the petitioner was granted selection scale on the post of LDC w.e.f. 1.4.1986 on his completion of 15 years of service in pursuance of the order issued by the Government dated 23.1.1985 read with order dated 16.4.1985 issued by the State for grant of selection scale. By order dated 28.12.1996 (Annex. 9) the order of grant of selection scale on completion of 18 years of service in favour of the petitioner was cancelled and the petitioner was directed to deposit the extra amount paid by way of selection scale with the government. This order was challenged before the Service Tribunal. The Service Tribunal vide its order dated 31.8.1998 dismissed the appeal and aggrieved by the order of the tribunal the petitioner has filed the instant writ petition challenging the order of withdrawal dated 28.12.1996 and the order passed by the Service Tribunal dated 31.8.1998.
(2.) It is contended by the counsel for the petitioner that the selection scale could not have been withdrawn as he has not been granted the regular promotion and thus, his case is completely covered by the Government order issued on 23.1.1985 and he has completed 15 years service without promotion. On the other hand it is the submission of the counsel for the State that since he has been reverted of his own request from the post of UDC, he has refused promotion and therefore, he would not be entitled for the selection scale on completion of 15 years of service.
(3.) Under the Government order the selection scale is being given to the persons who, because of the less number of promotional posts available could not be given promotion and as a result thereof there was discontentment in the Government employees of not getting the promotion, although they have worked for a long period. 15 years benefit for grant of selection scale is not permissible to the Government employees who have been given promotion to the higher post. In the present case the petitioner was never given regular promotion to the higher post. Annex. 4 clearly shows that he was given promotion only on ad-hoc basis and he has been reverted to the post of LDC on his own request from the ad-hoc post he was holding The holding of an ad-hoc post cannot be equated with the regular promotion The ad-hoc promotion does not give any right to the employee to hold the promotional post and it is open for the employer to revert the employee at any time from the post he is holding, such is not the case when the person is given a regular promotion. Thus, unless and until a regular promotion of his or her is being declined by the employer, he or she cannot be said to be disentitled for grant of selection scale on completion of 15 years d satisfactory service. The petitioner having not been offered or declined regular promotion to the higher post, on completion of 15 years service, was rightly given selection scale by order dated 27.4.1989. The order passed by the State Government cancelling the order of grant of selection scale dated 28.12.1996 (Annex. 9) and consequent order thereof for refund of the amount is hereby quashed. However, in the facts and circumstances of the case there shall be no order as to costs. Appeal Disposed Off ;