- (1.) THE petitioner by way of this petition for writ is claiming directions for the respondents to allow her husband late Shri Govind Ram Bhati selection grades on completion of 18 and 27 year's of service and further to quash order dated 12.5.2003 (Annex.3) treating her husband adhoc appointee to the post of Lower Division Clerk. A prayer is also made to revise all the retiral benefits granted to her husband as well as to herself by way of awarding second and third selection grades in accordance with the Government of Rajasthan Notification dated 25.1.1992 and its subsequent notification dated 17.2.1998.
(2.) IN brief, the facts of the case are that the husband of the petitioner late Shri Govind Ram (hereinafter referred to as 'government servant') entered in the service of respondents on being appointed as Class-IV employee on 29.8.1964. A promotion was accorded to him as Lower Division Clerk under an order dated 29.7.1977 passed by the Principal, Dungar College, Bikaner. While serving as Lower Division Clerk, the government servant died on 10.9.2002. His wife, the present petitioner, by submitting representation claimed for second and third selection grades on completion of 18 and 27 years of service by the government servant but the same was denied for the reasons given in communication (Annex.3) dated 12.5.2003 passed by the Joint Director, College Education, Government of Rajasthan, Jaipur with assertion that the government servant did not qualify the performance test, therefore, he was not entitled for the grant of selection grades.
(3.) WHILE challenging the decision of the respondents, it is submitted by learned counsel for the petitioner that the appointment was given to the government servant by way of promotion, therefore, he was not supposed to qualify proficiency test. It is also asserted that the requirement of qualifying the test was pertaining to the adhoc appointees employed under the government orders during the period commencing from 8.11.1975 to 31.3.1980.;