RATHORE, J. - (1.) IN this writ petition, the petitioner has challenged the impugned order dated 23. 8. 97, by which the benefit of third selection grade has been withdrawn by the respondents on the ground that this withdrawal is not only contrary to the circular dated 18. 10. 93 but also discriminatory and the right which has been accrued cannot be withdrawn.
(2.) LEARNED counsel for the petitioner referred the circular/order dated 18. 10. 93, whereby the controversy `as to whether the employees who are promoted to the next higher post after grant of second or third selection grade and he declines to accept the chance of promotion, would be continue to draw pay in the second or third selection grade as the case may be, or not', is resolved as under:- " The matter has been considered and the Governor is pleased to order that Government servants who are promoted to the next higher post after grant of third selection grade and who forgo the chance of promotion would continue to draw pay in that Selection Grade. Government servants who are promoted to the next higher post after grant of second selection grade and who forgo the change of promotion would continue to draw pay in that second selection grade but such employees would not be eligible for third selection grade. " Here in the instant case, the petitioner was offered a promotion vide letter dated 31. 7. 97, but he declined to accept the chance of promotion. Since the petitioner foregone the promotion, the benefit of selection grade after completion of 27 years of service, which was granted to the petitioner, has been withdrawn from the date of refusal to accept the promotion. The respondents along with their reply, placed a Circular/order dated 4. 12. 96, by which the Finance Department, Government of Rajasthan has further clarified this aspect in para No. 3 of the aforesaid circular, which is as under:- " 3. The Governor is further pleased to order that the Government servant who had foregone the second or third promotion before issue of this order and is drawing pay either in the second or third selection grade, the benefit of second and third selection grade as the case may be, shall not be withdrawn, and in case such a Government servant is again offered promotion after issue of this order, the benefit of second and/third selection grade shall be withdrawn from the date he refuses to accept the promotion. The pay of such an employees shall be refixed either in pay scale of the first promotion post or in the first selection grade or in pay scale of the second promotion post, at the stage he would have drawn had he not been granted second and/third selection grade (s) as the case may be. " It is stated that in view of the aforesaid order/circular, the benefit of third selection scale has been withdrawn from the date of refusal to accept the promotion. It is also not disputed that the promotion was granted after issuance of this order dated 4. 12. 96 and, therefore, this order applies to the instant case, as the earlier order passed by the Government on 18. 10. 93 has no application in the instant case and since the petitioner has refused to accept the promotion, therefore, the respondents have rightly withdrawn the third selection scale from the date of refusal. I find no merit in the writ petition, as the petitioner is not able to make out any case of interference by this Court.
(3.) CONSEQUENTLY, the writ petition fails and the same is herewith dismissed. _ .;