VYAS, J. - (1.) THE instant petition has been filed by the petitioner with the prayer that the order dtd. 28. 10. 2004 whereby the selection grade granted to the petitioner has been ordered to be withdrawn and the recovery has been ordered to be made may kindly be quashed and set aside.
(2.) THE brief facts of the case are that the petitioner was appointed on the post of Forester by order dtd. 7. 4. 1987 after regular process of selection. Further case of the petitioner is that with a view to remove the financial stagnation of the employees working with the State Government and to grant them financial relief the State Government was pleased enough to provide selection grade on completion of 9, 18 and 27 years of service vide notification dtd. 25. 1. 1992. According to the notification dtd. 25. 1. 1992, if an employee complete 18 years of service and if he has already been accorded one promotion, then he is entitled to get second selection grade only after completion of 18 years of service. The first selection grade is not available to such an employee, who has already been granted one promotion. Since the petitioner was not granted promotion, therefore, on completion of 9 years of service, he was granted first selection grade vide order dtd. 17. 9. 1998. It has also been averred in the writ petition that by virtue of the policy of the Government, the services of the petitioner were transferred under the control of Vikas Adhikari, Panchayat Samiti, Phalodi.
(3.) FURTHER case of the petitioner is that the Divisional Forest Officer, Jodhpur vide order dtd. 28. 10. 2004, has withdrawn the selection grades granted to the petitioner as the petitioner was trained and has directed recovery of excess amount from the petitioner. In this writ petition, the main contention of the learned counsel for the petitioner is that before issuing the order dtd. 28. 10. 2004, no opportunity of hearing was afforded to the petitioner and hence, the same is violative of Principles of Natural Justice. It has also been averred by the learned counsel for the petitioners that in view of Clause 5 of the order dtd. 25. 1. 1992 where the persons do not possess the academic qualification of the promotion post at the time when the first selection grade is granted, he shall be granted the selection grade as mentioned under this clause. Therefore, also withdrawal of selection is not justified. The learned counsel for the petitioner has also submitted that recently an order dtd. 19. 5. 1998 has been issued by the Chief Conservator of Forest, IGNP clarifying the position for the purpose of grant of selection grade to the untrained forester and it has been held that untrained Forester are also entitled for the selection grades. ;