JUDGMENT 1. - Learned counsel for the respondents submits that this matter is fully covered in favour of the respondent by a judgment of this Court in the case of Mahaveer Singh v. State of Rajasthan & Ors, reported in 1997(2) WLC 221 wherein it has been held that benefit of the revised grade once given to petitioner is not open to be withdrawn after long lapse of time and the respondents were estopped from denying such benefit and the petitioner was entitled to the same benefit as had already accrued in his favour. 2. In the facts and circumstances of the present case, such benefit was sought to be withdrawn after a period of 10 years from the respondents and the learned Single Judge has held that unless and until a regular promotion is declined there is no question of disentitlement for grant of selection scale on completion of 15 years of satisfactory service. The respondent in the facts of this case was neither declined of regular promotion to the higher post or higher scale on completion of 15 years of service and was therefore given the selection scale by order dated 27.4.1989. The State Government cancelled this order of grant of selection scale on 28.12.96. 3. The reported judgment of Mahaveer Singh on which the reliance has been placed by Mr. R.L. Jain was decided by one of us (Hon'ble Mr. Arun Madan sitting as a Single Judge). We may also observe that in yet another case, the Division Bench of the Court has taken the same view in the case of Pushplate Thada v. State of Rajasthan & Ors. reported in 2002 LAB. I.C. 6 . Mr. Manish Bhandari says that this decision is not at all applicable to the facts of the present case but it is clearly mentioned in the judgment of Pushplate that withdrawal of selection grade after 5 years of such sanction without issuing any show cause notice was violative of principles of natural justice and the order of the withdrawal and recovery proceedings was set aside. 4.
4. We have considered all the submissions and have gone through the decisions we find that in the facts of this case, no interference whatsoever is warranted with the order as has been passed by the learned Single Judge and the selection scale which was granted in the year 1989 could not be cancelled in the year 1996. We now at this stage don't feel inclined to grant the liberty to the appellant to start the process of giving opportunity to the respondent for withdrawing the scale which was granted 13 years back in 1989.There is no force in this appeal and the same is hereby dismissed.Appeal dismissed. *******