Sandeep Mehta, J. - (1.) BY way of the instant writ petition, the petitioner has approached this Court praying for the following reliefs: - "i) The impugned order dated 21st of July, 2008 (Annexure -5), 16th of September, 2008 (Annexure -6) and 5th of May, 2009 passed by the Registrar, Cooperative Societies, Jaipur may kindly be quashed and set -aside; and ii) That the respondents may kindly be directed not to recover the benefit of selection grade from the retiral benefits of the petitioner; and iii) That the respondents may kindly be directed to grant the entire retiral benefits of the petitioner including gratuity, pension, commutation and leave encashment within a stipulated time and iv) That the respondent may kindly be directed to release the retiral benefits of the pension and others on the basis of last wages drawn by the petitioner...."
(2.) FACTS in brief are that the petitioner was appointed on temporary basis on the post of L.D.C. in the Cooperative Department on 26.4.1967. The services of the petitioner were made permanent on the said post w.e.f. 16.10.1970 in the pay scale of 90 -4 -102 -EB -110 -5 -135. While being in service as a L.D.C., the petitioner appeared in the selection process for appointment to the post of Inspector Gr. -II. He was declared successful. The petitioner was granted benefit of selection scale in the pay scale of Inspector inadvertently and accordingly the respondents issued notice to the petitioner proposing to withdraw the aforesaid benefit. The petitioner gave a reply to the said notice. However, the reply submitted by the petitioner was found unsatisfactory and was dismissed by order Annexure -5. Hence the instant writ petition. Counsel for the petitioner submits that the petitioner was working as a L.D.C. for a period in excess of 9 years and as such he was entitled to the benefit of first selection scale upon completing nine years of service in the said pay scale. He candidly conceded that of course the petitioner was not entitled to the selection scale in the cadre of Inspector Gr. II but as per him the due benefit was not granted to him and his entire service and pensionary benefits have been affected adversely. He, therefore, prays that the impugned Order Annexure -5 be quashed. The petitioner be permitted to submit a representation to the authorities and the authorities be directed to consider and decide the representation as per law. He submits that even if the benefit of the selection scale has wrongly been granted in the pay scale of Inspector Gr. II, then too the benefits so extended could not be withdrawn in the light of the State Government's circular dated 29.6.2009. He, therefore, prays that the writ petition deserves to be accepted.
(3.) PER contra Ms. Kusum Rao vehemently opposed the submissions advanced by the counsel for the petitioner. However, she too is not in a position to dispute the fact that as the petitioner had worked in the pay scale of L.D.C. for a period in excess of 9 years after being regularized in service, the benefit of selection scale accrued to him. She, however, states that in view of the circular dated 29.6.2009 the recovery of the benefits of selection scale already granted to an employee is not permissible to be recovered if such benefits have been extended uptill 30.5.2009.;