Mohammad Rafiq, J. - (1.) PRESENT writ petition has been filed by Petitioner challenging action of Respondents in delaying grant of second selection grade in terms of Government circular dated 25.1.1992 by two years.
(2.) MR . Amit Jindal, learned Counsel for Petitioner has contended that Respondents have granted him second selection scale after delay of two years though it became due to him on 04.10.2000. As a result of this, Petitioner would be getting second selection scale on 14.10.2002. 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. 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. Division Bench in said case has held that censure cannot be made basis for withdrawal of selection scale granted. It is, therefore, prayed that action of Respondents in delaying grant of selection scale to Petitioner by two years be held to be illegal and Respondents be directed to grant him second selection scale with effect from 04.10.2000 instead of 14.10.2002. Shri B.S. Rajawat, learned Deputy Government Counsel, opposed writ petition and argued that according to Government Circular dated 25.1.1992 selection scale is granted on basis of satisfactory service record and, therefore, parameters that are applicable to 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 penalties which included penalty of censure and another is stoppage of one annual grade increment without cumulative effect. Finance Department had issued a circular dated 17.2.1998, according to which grant of selection scale has to be deferred by one year for each penalty and, therefore, Petitioner would become entitled to get third selection grade by two years late.
(3.) HAVING heard learned Counsel for parties and perused material available on record and also Division Bench judgment in Devi Singh (supra), I find that Division Bench considered this very question in context of withdrawal of selection grade already granted. In that case too, selection grade was withdrawn because of punishment awarded to a constable. In present case also, Respondents are seeking to delay grant of selection scale to Petitioner on account of penalties of censure apart from one penalty of stoppage of one annual grade increment. Division Bench observed that grant of selection scale could not be equated with promotion as selection scale has to be granted to every person on completion of specified period of service without having any promotion. It is a personal amelioration scheme which is intended to prevent stagnation of employees of lower echelons of service who have not got any promotion before 9, 18 & 27 years of their service, as the case may be. In para Nos. 19 to 21, it was observed that: Likewise, Union of India v. S.S. Ranadey : (1995) 4 SCC 462 was a case in which promotion to the Selection Scale was not automatic and personal to incumbent but involved an element of selection and higher pay scale was restricted to certain number of posts. Admittedly, this case also cannot be applicable for considering the grant of Selection Scale to the employees in Class I Vth Ministerial and Subordinate Services. Likewise, in State of Rajasthan v. Fateh Chand Soni : (1996) 1 SCC 562 it has been held that the Selection Scale could not be granted without considering the suitability and merit of the employee. The case of Lalit Mohan v. Union of India and Ors. : AIR 1972 SC 995 was a case in which the Pay Commission has recommended 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 these posts have been described as selection grade posts. With this background, the Hon'ble Supreme Court emphasized that it well recognized 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 the selection grade to prevent stagnation on the maximum of the scale and are therefore, created in the interest of greater efficiency. The present is not a case of that nature. It is not dependent on the availability of certain percentage of posts in the higher pay scale but it is for those who have not received any promotion for many years on the basis of completion of number of years of service. In these circumstances, he extension of principles that the Selection Scale under the circular dated 25.1.1992 involves an element of selection for discharging higher duties or more efficient duties and being restrictive in nature, cannot be accepted as right premise for deciding the controversy before us. Admittedly, the Petitioner had completed twenty seven year of service on 15.1.1992 as on the date no notice has been issued to the Petitioner. We have already noticed the charge with which the Petitioner was subjected to be punished. In these circumstances, in our opinion and the background of the incident for which he was awarded the punishment of censure did not affect at all his suitability for the post which he was holding to carry selection scale on completion of minimum number of years of service. It may be noticed that the order has been passed as late as on 13.11.1992 after the issuance of circular dated 25.1.1992 and on the completion of twenty seven years of service during which there was no blemish on his service. Therefore, the passing of the censure order subsequent to 15.1.1992 or 25.1.1992 in our opinion, shall otherwise have no effect on the grant of selection scale in the case of the Petitioner, which was otherwise to be due to him on 15.1.1992.;