JUDGEMENT
Veerender Singh Siradhana, J. -
(1.) Aggrieved of the denial of benefits of selection scale on completion of 27 years of service and arrears of pay with interest as claimed by a notice dated 3rd October, 2013, served through counsel; the petitioner has instituted the present writ application praying for the following relief(s): - -
"It is, therefore, humbly prayed that your lordship may kindly be pleased to accept this Writ Petition and further be pleased to issue an appropriate, writ, order or direction whereby the action of the respondents in not granting the selection scale benefits on completion of 27 years service and in keeping the recommendation of departmental promotion committee without any reason be declared arbitrary, illegal, discriminatory, unreasonable, and further be pleased to direct the respondents to grant the benefit of selection scale of 27 years service and also be pleased to direct the respondents to give promotion on the post of Inspector Land Record as per recommendation of departmental promotion committee from the date when the junior to the petitioner has been given the promotion with all consequential benefits and arrear be paid with interest at the rate of 18% p.a. from due in the larger interest of justice.
Any other relief which deem fit and proper in the facts and circumstances may also be granted to the petitioner."
(2.) Briefly, the skeletal material facts essential for adjudication of the controversy raised herein needs to be first noticed. The petitioner, who entered in service with the State -respondents as 'Patwari' on 2nd November, 1979, was prosecuted for offence under Sec. 7, 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988; in view of the FIR registered on 24th June, 1999. He was placed under suspension on 5th July, 1999. On his acquittal by the Court of Special Judge (Prevention of Corruption Act), Kota, vide judgment and order dated 27th September, 2001; the order of suspension was revoked on 15th February, 2002. Since the service benefits were not accorded to the petitioner; for the period in integram, he instituted S.B. Civil Writ Petition Number 9762/2012 (Aji Ram v/s. State of Rajasthan & Ors.), decided on 9th July, 2012, observing thus: - -
"In view of the aforesaid and looking to the notice for demand of justice, respondents are directed to consider the same and take a proper decision in the matter for grant of revision of pay scales pursuant to 5th and 6th Revised Pay Scale Rules and also grant benefit of selection scales, if petitioner has already completed required length of service and no adversity exists against him. They will also consider that mere pendency of the appeal cannot be taken adverse unless aforesaid is decided against petitioner. A decision on the direction indicated above may be taken within a period of two months from the date of receipt of copy of this order.
In the light of the aforesaid directions, this writ petition is disposed of.
This disposes of stay application also."
(3.) Learned counsel for the petitioner reiterating the pleaded facts and grounds of the writ application, submits that as a consequence of the order dated 9th July, 2012, the benefits of selection scale after completion of 9 and 18 years of service have been released in favour of the petitioner, but the benefits of selection scale on completion of 27 years of service have been denied on the pretext that the recommendations of the Departmental Promotion Committee have been kept in sealed cover for the judgment and order of acquittal dated 27th September, 2001, is under appeal.;
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