- (1.) FOR the reasons mentioned in the application under Section 5 of the Limitation Act, delay of 318 days in filing the appeal is condoned. I.A. No. 38096/2011 is disposed of.
(2.) HEARD finally with the consent of parties. The present matter pertains to grant of Selection Grade and whether penalty of censure could have come in the way of grant of Selection Grade. The matter is no more res-integra. The decision rendered by the Hon'ble Apex Court in the case of State of Rajasthan & Others Vs. Shankar Lal Parmar(Civil Appeal No. 8404/2011 decided on 30.09.2011 along with other matters) is available. The Hon'ble Apex Court has held that the Appellant-State would not be entitled to recover financial benefits already extended to the employees, pursuant to the first office order issued by Appellant on 25.01.1992. It has also been held that the Appellant-State would not also be entitled to recover any amount, which might have been paid to the employees even after issuance of the second clarificatory officer Order/letter dated 24.07.1995, as recovery of such amount would cause great hardships to the employees. The employees, who have earned censure in the past years for their service record, will not be entitled to be granted 'Selection Grade' along with those, who have a clean and unblemished record. They would be granted 'Selection Grade' only one year thereafter. Following is the operative portion of the judgment passed by the Hon'ble Apex Court: "......, we deem it fit and proper to pass the following orders: (i) The Appellant-State would not be entitled to recover financial benefits already extended to the employees, pursuant to the first office order issued by Appellant on 25.01.1992. (ii) The Appellant would not also be entitled to recover any amount which might have been paid to the employees even after issuance of the second clarificatory office Order/letter dated 24.07.1995 as according to us, recovery of such amount would cause great hardships to the employees. (iii) The employees who have earned censure in the past years for their service record will not be entitled to be granted 'Selection Grade' alongwith those who have a clean and unblemished record. They would be granted 'Selection Grade' only one year thereafter. (iv) Any employee who has been promoted before the said period would not be entitled for the grant of 'Selection Grade'." The case of the respondent has to be dealt in the light of aforesaid decision rendered by the Hon'ble Apex Court. The date from which, he is entitled, has to be worked out by the State in terms of the decision rendered by the Hon'ble Apex Court. Accordingly, the appeal is disposed of. Stay application no. 16889/2011 and misc. application no. 12936 dated 22nd March, 2012 also stand disposed of. Let order be complied with and case of the respondent be reconsidered by the appellant-State and reasoned order be passed in terms of the aforesaid decision rendered by the Hon'ble Apex Court within a period of two months from today. ;