Mohammad Rafiq, J. - (1.) Heard learned counsel for the parties.
(2.) This writ petition has been filed challenging the action of the respondents in not granting the benefit of third selection grade in terms of the scheme of the Government adopted by the respondent-Corporation. According to such scheme, if the employee is not able to get at least one promotion within a span of nine years he shall be granted selection grade in the pay scale of post on which he would be otherwise entitled to promotion.
(3.) The respondents in para No.5 of the reply have come out with a plea that the petitioner was awarded penalties in two disciplinary proceedings at the relevant time when his case fell due for grant of third selection grade on 14.7.1998. In one of which, he was awarded penalty of stoppage of two grade increments without commutative effect by order dated 14.3.1996 which remained into operative for a period of 14.7.1998 and in the other, he was awarded penalty of stoppage of one grade increment without cumulative effect vide order dated 14.9.1999, which remained effective up to 14.10.2000. The petitioner in the meantime upon attaining the age of superannuation retired from service on 31.1.2000. In the circumstances, the petitioner could not be granted the benefit of third selection scale due to aforesaid penalty orders.;