- (1.) THIS petition for writ is preferred to question validity, correctness and propriety of the judgment dated 3.5.2010 passed by the Rajasthan Civil Service Appellate Tribunal, Jaipur, Circuit Bench, Jodhpur in Appeal No.55/2004.
(2.) IN brief, the facts of the case are that the respondent- government servant while working as Assistant Public Prosecutor suffered a penalty of censure under the order dated 13.3.1999. Looking to the penalty aforesaid, the selection grade as required to be given on completion of 9 years of service was not extended to the government servant by the employer for a period of one year i.e. from 22.2.2001 to 22.2.2002. Being aggrieved by the same, an appeal was preferred by the government servant and that came to be accepted by the judgment impugned. While challenging the judgment aforesaid, it is submitted by learned counsel for the petitioner appearing on behalf of State that the selection grade was deferred by a year in view of the circular of Government of Rajasthan dated 24.7.1995 prescribing one year deferment of selection grade being suffered with a penalty of censure. Hon'ble Supreme Court in the State of Rajasthan & Ors. Vs. Shankar Lal Parmar, Civil Appeal No.8404 of 2011 [arising out of SLP (C) No.30570 of 2010] decided on 30.9.2011 has affirmed such deferment of selection grade. The Hon'ble Apex Court in the case aforesaid held as under :- "State still has the power to differentiate amongst different classes of people. That is to say, it can positively discriminate on the basis of reasonable classification and distinction but this must be based upon an intelligible differentia, which inherently separates such persons from the others. 22. In the case in hand, it is a question of grant of Selection Grade. A Selection Grade has higher pay but in the same post. A promotion post is a higher post with higher pay. A Selection Grade is intended to ensure that capable employees who may not be able to get a chance of promotion on account of limited outlets of promotion, should at least be placed in the Selection Grade to prevent stagnation at the maximum of the scale. Selection Grade was created to remove stagnation in service and consequently leading to greater efficiency. State has permitted grant of Selection Grade to those who had good service record but for those who had earned censure, the same has been deferred by one year. Thus, according to us, it would clearly fall in the category of reasonable classification which is permissible in accordance with the mandate of the Constitution and also on account of various judgments pronounced by this Court on this topic from time to time. 23. Thus, in our opinion, there is a basic and fundamental difference between the two categories of the employees. Appellant-State was fully justified in issuing the subsequent Office Order/ letter dated 24.07.1995, putting all controversies at rest. We do not find that any case of discrimination has been made out against the Respondents/ Employees. Subsequent Office Order/ letter cannot be said to be illegal, arbitrary, unconstitutional or without authority of law. We find merit in the arguments advanced by Dr. Manish Singhvi, Advocate for the Appellants and thus, have no hesitation in allowing these Appeals. It is also pertinent to mention here that Respondents/Employees had not challenged the subsequent Office Order/ letter dated 24.07.1995, as being illegal, unconstitutional, arbitrary or without jurisdiction. As long as this Office Order/ letter holds good, it is to be implemented in the same manner and spirit in which it was issued."
(3.) IN view of the law laid down by the Hon'ble Supreme Court in the case of Shankar Lal Parmar, the judgment impugned passed by the Rajasthan Civil Service Appellate Tribunal, Jaipur is apparently not sustainable, thus, this petition for writ deserves acceptance, accordingly, the same is allowed. The judgment dated 3.5.2010 passed by the Rajasthan Civil Service Appellate Tribunal, Jaipur, Circuit Bench, Jodhpur is quashed. The orders dated 19.9.2003 and 5.3.2004 stands restored. No order as to costs.;