H.R. Panwar, J. - (1.) BY the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks quashing of order Annex.P -5 dt. 27.05.2003 and a direction for grant of consequential benefits and third selection grade w.e.f. 03.03.2000.
(2.) I have heard learned Counsel for the parties. The facts and circumstances giving rise to the instant writ petition are that the petitioner was appointed as Constable with the respondent Police Department under the provisions of Rajasthan Police Subordinate Service Rules, 1989 (for short 'the Rules of 1989' hereinafter) on 03.03.1972. The State Government by the order Annex.1 dt. 25.01.1992, with a view to provide relief to the employees of certain categories, made a provision for grant of selection grade on completion of 9, 18 and 27 years of satisfactory service. The first selection grade shall be granted from the day following the day on which one completes service of nine years, provided that the employee has not got one promotion earlier as is available in his existing cadre. The second selection grade shall be granted from the day following the day on which one completes service of eighteen years, provided that the employee has not got two promotions earlier as might be available in his existing cadre and the first selection grade granted to him was lower than the pay scale of Rs. 2200 -4000; and third selection grade shall be granted from the day following the day on which one completes service of twenty seven years, provided that the employee has not got three promotions earlier as might be available in his existing cadre and the first or the second selection grade granted to him, as the case may be, was lower than the pay scales of Rs. 2200 -4000.
(3.) THE petitioner contended that he has been granted first and second selection grades and has completed 27 years of service but has not got three promotions earlier as may be available in his existing cadre and after granting the first and second selection grades, his salary was lower than the pay scale of Rs. 2200 -4000.;