- (1.) THE petitioner entered in the service of the respondents being appointed as Laboratory Assistant on 02.07.1985. By an order dated 31.10.1987, the District Education Officer (Woman), Udaipur placed the petitioner under suspension as he remained behind the bars for a term of more than 48 hours. The petitioner was tried by a competent court of criminal jurisdiction relating to a case for the offences punishable under Section 420, 468 and 471 IPC. By the judgment dated 12.04.2002, he was acquitted from the charges referred above. Suffice to mention here that for the charges for which the petitioner was tried by the court of criminal jurisdiction, the petitioner was also subjected to disciplinary action under a memorandum dated 04.11.1987 issued by the disciplinary authority exercising powers under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short, hereinafter referred to as 'the Rules of 1958'). The petitioner while facing the disciplinary action, on being acquitted by the court in the criminal case made a representation to the respondents to revoke the suspension made under the order dated 31.10.1987. No positive action was taken by the respondents, thus, a petition for writ being S.B. Civil Writ Petition No.1005/2006 was filed by the petitioner before this court and that came to be accepted vide an order dated 20.05.2008 with a direction to the respondents for revoking the order of suspension. In pursuant to the direction aforesaid, the District Education Officer (Secondary-I), Udaipur revoked the suspension of the petitioner under an order dated 06.03.2009. The petitioner after revocation of suspension is continuously working with the respondents as Laboratory Assistant.
(2.) IN this petition for writ, his grievance is that the respondents while revoking suspension have not allowed annual grade increments to the petitioner and also not considered his case for promotion or for grant of selection grades in lieu thereof. A reply to the writ petition has been filed on behalf of the respondents with assertion that no explanation is submitted by the petitioner pertaining to the allegations levelled against him under the memorandum dated 04.11.1987 issued by the disciplinary authority as per the provisions of Rule 16 of the Rules of 1958 and that is the reason the disciplinary proceedings are yet pending and during pendency of enquiry no increments could have been given.
(3.) HEARD learned counsel for the parties. The facts admitted are that the petitioner entered in service of the respondents on 02.07.1985 and was placed under suspension on 31.10.1987. He was tried by the competent court of criminal jurisdiction for the offences punishable under Section 420, 468 and 471 IPC and was acquitted therefrom. His suspension was revoked under an order dated 06.03.2009 in pursuant to the directions given by this court. After revocation of suspension, the petitioner's pay has been fixed in the pay scale applicable for the post of Laboratory Assistant, but no annual grade increments and other service benefits like consideration for promotion or grant of selection grades in lieu thereof are given.;