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2005 DIGILAW 2363 (RAJ)

L. R. Bairwa v. High Court of Judicature for Rajasthan

2005-09-06

AJAY RASTOGI, V.K.BALI

body2005
Judgment V.K. Bali, J.-Prayer made in this petition filed under Article 226 of the Constitution of India is to issue an appropriate writ so as to grant selection scale to the petitioner is RHJS care with effect from the date officers junior to him were granted selection scale in RHJS cadre by orders dated 19.07.2001 and 11.01.2002 (Annexures-1 and 2). 2. Brief facts of the case, as the same need to be mentioned at this stage, reveal that the petitioner is a retired District and Sessions Judge. It is his case that he did not lack in the prescribed criteria of seniority than those officers junior to him, who were granted selection scale by orders dated 19.07.2001 and 11.01.2002 (Annexures-1 and 2) in preference to him. Constrained, he made representations dated 04.03.2002 and 18.02.2004, Annexures-10 and 12 respectively but with no tangible results. It has further been his case that be it on the basis of criteria prescribed for grant of selection scale or his service record, he could not possibly be ignored in the matter of grant of selection scale. 3. When the matter came up for hearing before this Court on 13.07.2005, the Court passed following order: “Counsel for the petitioner has been shown relevant record. He is prepared to argue the case but the Counsel representing the High Court seeks adjournment on the ground that there has been some discrepancy in the record which shall have to be clarified by summoning from Jodhpur. List again on 25.07.2005.” 4. Mr. V.S. Gujar, learned Counsel appearing for the High Court, in all fairness, states that there are indeed discrepancies in counting the grading of the petitioner, while considering his case for grant of selection scale. He also informed the Court that Part - III of the ACR of the petitioner for the year 1994 is overlapping. He thus makes statement that the matter needs re-consideration by the High Court and if after setting the record straight and removing the discrepancies in Part - III of ACR of the petitioner for the year 1994, he is found entitled to grant of selection grade, the same shall be granted to him. 5. Learned Counsel for petitioner accepts the contention made by Mr. 5. Learned Counsel for petitioner accepts the contention made by Mr. V.S. Gujar, but yet contends that inasmuch as the petitioner has been ignored in the matter of grant of selection grade for long time, the matter be re-considered by the High Court as early as possible. 6. In view of the statement made by the learned Counsel for parties as mentioned above, we direct the High Court to reconsider grant of selection scale to the petitioner from the dates, the same fell due to petitioner. Obviously, for reconsidering the matter, the petitioner would be given correct grading and the mistake made earlier shall be corrected. The High Court would also set right the discrepancies in Part - III of ACR of petitioner of the year 1994 and then pass appropriate orders. Let this exercise be undertaken and grant of selection scale to the petitioner be re-determined from the date the same fell due to the petitioner and when officers junior to him were given selection scale, as soon as possible and preferably within three months from today.