- (1.) BY an order dated 17.9.1979, appointment was accorded to the petitioner as Teacher Grade-II in the subject of Mathematics. On completion of 9 years of service first selection grade in accordance with the provisions of Government of Rajasthan notification dated 25.1.1992 was given to him under an order dated 26.6.1993 w.e.f. 17.9.1988. A promotion, vide order dated 9.4.1999 was accorded to the petitioner as Lecturer in the subject of Economics. The promotion given was on adhoc basis for a period of six months. Looking to the adhoc nature of the promotion and also on the count that the promotion was made in the subject of Economics, the petitioner did not choose to avail the same.
(2.) THE petitioner by submitting representation claimed for selection grades for which he was entitled on completion of 18 and 27 years of service but that was not allowed on the count that he refused to avail promotion to the post of Lecturer. Being aggrieved by the same, this petition for writ is preferred. The submission of counsel for the petitioner is that the selection grades on completion of 18 and 27 years of service could have not been detained on foregoing a promotion on adhoc basis. As per learned counsel a promotion on adhoc basis that too in the running pay scale is not an actual promotion, thus, the petitioner is entitled for selection grades. Per contra, as per the respondents the selection grades cannot be given to a public servant who has not availed promotion. It is asserted that as per Government of Rajasthan orders dated 4.12.1996 and 21.5.2008 no selection grades could have been granted to the petitioner as he did not avail promotion. The Government of Rajasthan under the orders aforesaid instructed all the competent authorities for not awarding second and third selection grades to the Government servants on denial of actual promotion. The orders referred above in quite unambiguous terms mention that second and third selection grades shall not be given to the Government servants on denial of actual promotion. The actual promotion means promotion in a higher pay scale on regular basis in accordance with the service rules applicable. In the instant matter promotion was given to the petitioner on adhoc basis in the pay scale in which he was already running. As a matter of fact the promotion said to be given is not a promotion but an administrative arrangement of giving charge of higher post without giving pay scale of the post concerned. This arrangement, being not an actual promotion cannot be a reason to deny selection grades by acting upon the orders dated 4.12.1996 and 21.5.2008. As such, the denial of second and third selection grades to the petitioner is unjust. Accordingly , this petition for writ is allowed. The respondents are directed to consider case of the petitioner for grant of selection grades on completion of 18 and 27 years of service ignoring the promotion granted to him on adhoc basis as Lecturer in the subject of Economics vide the order dated 24.4.1999. No order to cost.;