SANDEEP MEHTA, J. - (1.) HEARD learned counsel for the parties.
(2.) BY way of the instant writ petition, the petitioner has challenged the action of the respondents in deferring grant of selection scale to him by 4 years as well as for directing the respondents to revise his pension case and to grant him arrears along with interest on the amount accrued in his favour.
(3.) FACTS in brief are that the petitioner was appointed on the post of Patwari on 10.11.1971. He was declared permanent and was allotted regular pay scale with effect from 3.10.1972. The petitioner has claimed in the writ petition that from time to time, grade increments and other benefits were granted to him and after holding the post at numerous places, he superannuated on attaining age of retirement on 31.7.2008. The petitioner has further mentioned in the writ petition that 4 departmental enquiries were held against him during his service tenure. Two of the enquiries culminated in penalty of stoppage of two grade increments with cumulative effect and in the remaining two, he was punished by censure. For getting the benefit of Rajasthan Civil Services (Revised Pay Scales) Rules, 1989, he submitted an application to the respondents for grant of revised pay scales on 14.2.1990. The petitioner's claim for grant of grade increments/revised pay scale was decided on 8.8.1995 and he was granted benefit of selection scales upon completion of 9, 18 and 27 years of service with a deferment of 4 years and thus, the second selection scale was given to the petitioner w.e.f. 2.3.1994, though he had completed 18 years of service in the year 1990. He was granted the benefit of third selection scale on 15.11.1998 upon completing 27 years of service. When the petitioner was about to attain the age of superannuation on 31.7.2008, an order Annex.P/5 dated 11.1.2008 was issued by the respondent department for completing the pension case of the petitioner. In furtherance of the aforesaid order, the petitioner's case for pension was processed and an office order Annex.P/6 dated 18.8.2008 was issued, as per which, the date of admissibility of selection scales to the petitioner was revised by ordering that the petitioner would be entitled to receive the benefit of 9 -18 years selection scale w.e.f. 25.1.1998 and 27 years selection scale w.e.f. 3.10.1999. A further direction was given to effect recovery of the amount already paid to the petitioner due to wrong grant of selection scale to him from an earlier date. The petitioner has claimed that when he came to know about refixation and revision of his pay scale, he submitted a representation dated 26.9.2008 to the respondents clarifying his position. In continuation of the order Annex.P/6 dated 18.8.2008, the respondents passed another order dated 29.9.2008 Annex.P/8 and revised the dates on which the selection scales were admissible to the petitioner allegedly without providing him any opportunity of hearing and without considering his representation. It was mentioned in the order Annex.P/8 dated 29.9.2008 that the petitioner had been punished on 6 occasions in separate departmental proceedings ; on 4 occasions, he was punished with stoppage of grade increments and on 2 occasions, he was awarded censure and thus, the grant of selection scale to the petitioner had to be deferred accordingly. The revised dates on which the selections scales were admissible to the petitioner were fixed as below : - JUDGEMENT_90_LAWS(RAJ)1_2015.htm ;