STATE OF RAJASTHAN & ORS. Vs. RAM CHANDRA MEENA
LAWS(RAJ)-2015-7-440
HIGH COURT OF RAJASTHAN
Decided on July 23,2015

State of Rajasthan And Ors. Appellant
VERSUS
Ram Chandra Meena Respondents

JUDGEMENT

- (1.) To challenge the judgment dated 28.05.2013, this appeal is preferred. The learned Single Bench by the judgment impugned accepted the writ petition setting aside order dated 28.03.2012 passed by the Inspector General of Police (Personnel), Jaipur deferring grant of third selection grade to the respondent-petitioner.
(2.) Factual matrix necessary to be noticed for adjudication of this appeal is that the respondent- petitioner entered in the services of the Government of Rajasthan, Department of Police being appointed as Sub Inspector on 24.03.1984. Under the Rajasthan Police Subordinate Service Rules, 1989, the respondent-petitioner is having avenue of promotion to the post of Inspector. He is having further avenue for promotion as Deputy Superintending of Police and Additional Superintendent of Police under the Rajasthan Police Service Rules. The Government of Rajasthan with a view to remove stagnation in service and in lieu of promotion, introduced a policy for grant of selection grades on completion of 9, 18 and 27 years of service. Under the notification aforesaid, it was made clear that the criteria for grant of selection grade shall be the same as applicable for grant of promotion under the applicable service rules.
(3.) The appellants allowed first selection grade to the respondent petitioner as per the notification dated 25.01.1992 on completion of 9 years of service, however, second selection grade was deferred for a period of five years as during that block of period, he suffered minor penalty of censure on five occasions. The second selection grade was ultimately awarded to him under an order dated 6.2.2008 w.e.f. 24.03.2007. The respondent completed 27 years of service on 24.03.2011 but third selection grade was not given to him in the light of the memo dated 31.12.2009 issued by the department of Finance, Government of Rajasthan mentioning therein that if a financial up-gradation under the Annual Career Progression Scheme is deferred and not allowed due to the reason of employee being unfit or due to departmental proceedings etc. this would have consequential effect on the subsequent financial up-gradation which would also get deferred to this extent of delay in grant of previous financial up-gradation.;


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