Mohammad Rafiq, J. - (1.) This appeal seeks to challenge order of the learned Single Judge dated 08.09.2008, whereby writ petition filed by petitioner (appellant herein) was dismissed.
(2.) Appellant in the writ petition prayed for a relief that his service for the purpose of grant of second selection scale on completion of 18 years of service should be counted from the date of his initial appointment in previous department i.e. the department of sheep and wool, where he was appointed by open selection as stock assistant vide order dated 08.07.1987. Subsequently, appellant, in response to advertisement issued by revenue department, applied for and was appointed on the post of 'survey amin' by direct recruitment in office of settlement Commissioner vide order dated 24.06.1992. He felt aggrieved because his period of service of five years in previous department was excluded. Since it was not counted towards grant of selection scales on completion 18 years of service in terms of Government circular dated 25.01.1992, this delayed his second selection scale and first selection scale was withdrawn.
(3.) Learned Single Judge dismissed the writ petition. Petitioner thereafter filed review petition before learned Single Judge relying this time on a Government order dated 03.05.1997, whereby existing "fourth" proviso to Para 3 of order dated 25.01.1992 was substituted by the following: "Provided further that in case of an employee who has been transferred from one department to another department or from one appointing authority to another authority within the same department in public interest or at his own request or while serving in one department of the State Government is recruited directly in other department on the same post the service of nine, eighteen or twenty seven years, as the case may be, shall be counted for the purpose of grant of selection grade from the date of initial appointment on the same post in accordance with the provisions contained in the relevant recruitment rules. As a result of counting of service rendered in previous department under previous appointing authority for grant of selection grade, if the pay of a junior Government servant becomes more than the pay of his senior, no stepping up of pay of senior Government servant shall be permissible.";