Anupinder Singh Grewal, J. - (1.) THE petitioner who is an officer of Rajasthan Higher Judicial Service has preferred the instant petition seeking Selection Scale and expunction of his assessment as an Average Officer in the ACRs for the years 1990, 1991, 1992 & 1993.
(2.) THE petitioner was appointed as a Civil Judge in the Rajasthan Judicial Service vide order dated 03.11.1972. He was promoted as the Additional Chief Judicial Magistrate, vide order dated 23.04.1983. Thereafter, he was promoted as the Chief Judicial Magistrate on 17.09.1985. He was granted super time scale in the Rajasthan Judicial Service with effect from 13.08.1987 and was promoted to the Rajasthan Higher Judicial Service and posted as Additional District & Sessions Judge in August, 1987. He was promoted as District & Sessions Judge in September, 1992 and was confirmed in Rajasthan Higher Judicial Service on 24.08.1996. He superannuated on 30.06.2000. Earlier the petitioner had filed a writ petition seeking direction for grant of Selection Scale and later on this petition was amended by the petitioner to plead subsequent developments, although the prayer remains the same.
(3.) AT the very outset, the petitioner, who is appearing in person, has submitted that he does not wish to challenge the criteria for grant of Selection Scale and is also giving up his plea against downgrading of his ACRs by the Chief Justice for the period from 1990 to 1993. He has, however, submitted that his overall record including the ACRs for the years 1997 to 1998 should have been considered by the Committee of the High Court constituted for consideration of the cases of the Officers for grant of Selection Scale. His ACRs for the years 1997 to 1998 were above the benchmark for grant of selection scale and in case they had been considered, he would have satisfied the criteria of five out of seven ACRs being "Good" or above and no adverse entry or major penalty being imposed during this period of 7 years. He has further drawn our attention to the averments in para 10 of the petition, wherein it is stated that he was a good officer and had a high disposal of cases. The petitioner has further submitted that one Shri Bheem Sen Lakhera, who was his junior, had been granted selection scale, whose service record cannot be said to be better than him. He has also drawn our attention to the cases of six other officers namely, Shri R.C. Jatav, Shri P.D. Sharma, Shri Salig Ram Chauhan, Shri P.K. Bhatia, Shri Gyan Prakash Pandey and Shri Prem Pratap Singh, who earlier had not been considered eligible for grant of Selection Scale in the meeting held by the Committee of the High Court in 1998 as their service record was not upto the benchmark. However, they are stated to have been subsequently granted selection scale against the vacancies which became available later on and in case they had not been considered, the petitioner would have been eligible for selection scale before he had superannuated on 30.06.2000. In support of his submissions, he has also relied upon the judgments of Hon'ble Supreme Court in State of Rajasthan & Ors. vs. Shankar Lal Parmar [ : (2011) 14 SCC 235], State of Rajasthan vs. Fateh Chand Soni [ : 1996(1) SLR (SC) 1], and Central Board of Direct Taxes & Anr. vs. Dr. O.N. Tripathi & Ors. [ : AIR 1991 SC 212].;