Sandeep Mehta, J. - (1.) HEARD learned counsel for the parties.
(2.) BY way of the instant writ petition, the petitioner has prayed for the following reliefs: - - "a) the respondents be directed to grant the annual grade increment due to the petitioner after year 2001. b) The respondents be directed to grant the first selection grade to the petitioner after completion of 9 years of satisfactory service in accordance with the circular dt. 25/1/1992 issued by the State Government c) The interest @ 18% per annum upon the delayed payment be granted to the petitioner." Facts in brief are that the petitioner was regularly appointed on the post of Gram Sewak in the Panchayat Samiti, Mandalgarh in the year 1997. It appears that a criminal case came to be registered against him in the year 2001, on which he was placed under suspension and a departmental enquiry was also initiated against him. The petitioner's suspension was revoked by order Annex. 2 dated 30.8.2003. The petitioner claims by way of the instant writ petition that for the last 14 years, he has not been given the benefit of even a single annual grade increment and the selection scales admissible to him as a matter of right have also been withheld without any justification.
(3.) LEARNED counsel for the petitioner contends that annual grade increments or the selection scale can only be withheld in the event of a punishment being imposed upon the employee after following the procedure prescribed under the CCA Rules of 1958. While referring to Rule 29 of the Rajasthan Service Rules, he contends that the increments as and when become due, are incidental to service and are to be drawn as a matter of course, unless withheld under an order passed after following due process of law. He contends that as no order withholding the annual grade increments admissible to the petitioner has been passed in any departmental proceeding, the action of the departmental authorities in withholding the annual grade increments and the selection scales otherwise admissible as per law is unjust, arbitrary and unconstitutional. He prays that the writ petition deserves to be accepted with a direction to the respondent authorities to release the annual grade increments and also to grant benefit of the selection scales to the petitioner from the date such benefits accrued. He further prays that for the period during which the said benefits were withheld without any justification, the petitioner is also entitled to interest on the accrued amount.;