- (1.) COUNSEL submits that petitioner has been punished with penalty of censure vide order dt.05.03.2008 on account of which third selection grade which became due on completion of 27 years of service on 02.05.2010 has been withheld only on the premise of being punished with penalty (supra). COUNSEL submits that on account of penalty of censure, benefit of selection scale cannot be deferred.
(2.) IN support of his submission, counsel placed reliance upon judgments of this Court delivered in Devi Singh Vs. State (2004(2) CDR 925 (Raj.); State Vs. Bheem Singh (2009 WLC (Raj.) UC p.8) and Prabhu Lal Meghwal Vs. State (CWP-9536/2005 decided on 26/08/2008). Judgment of Division Bench has been followed by Co-ordinate bench in CWP-9536/2005 (Prabhu Lal Meghwal Vs. State, supra) wherein it has been held that grant of selection grade neither constitutes a separate cadre nor involves an element of selection; it is rather automatic & personal to the incumbent on completion of number of years of service. However, penalty of censure which is treated to be one of the minor penalty will not come in the way of deferment of the selection scale. However, every penalty provided under Rule 14 of the CCA Rules may not be construed as a ground for deferment. The operative part of the judgment is as follows :- The view taken by the Division Bench thus is that the grant of selection grade neither constitutes a separate cadre nor involves an element of selection. It is rather automatic and personal to incumbent and involves an element of selection. Unlike promotion higher pay scale is not restricted to certain number of posts. The aforesaid observations made in the context of penalty of censure whereas the substantive penalty of stoppage of annual grade increment has to be viewed in a different way. What is true of censure may not be applicable to the substantive penalty of stoppage of annual grade increments. IN any case, however the action of respondents in deferring the grant of selection scale to the petitioner for the penalty of eight censure awarded to the petitioner cannot be justified but his third selection scale grade could be delayed maximum by two years for two penalties of withholding of annual grade increments. This writ petition, therefore, deserves to be partly allowed. In the light of the judgments (supra), the present writ petition is disposed of with the direction to the petitioner to make a representation to the respondents which shall be considered for grant of selection scale in the light of the aforesaid judgments (supra). The authority may decide the matter by passing a speaking order within three months from the date of submission of representation in accordance with law.;