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2017 DIGILAW 1525 (RAJ)

Chitra Arora v. State of Rajasthan

2017-07-10

SANJEEV PRAKASH SHARMA

body2017
JUDGMENT : Sanjeev Prakash Sharma, J. 1. Petitioner has preferred this writ petition as the benefit of selection scale granted to her earlier w.e.f. 30.10.1994 was sought to be withdrawn and the date of grant of selection scale was shifted to 27.07.1998. 2. The petitioner submits that she was not given any opportunity of hearing before passing the order impugned. She had already attained superannuation on 30.06.2013 and the impugned order has been passed thereafter on 22.12.2014. It is further pointed out that the petitioner had earlier filed writ petition before this Court claiming Senior Scale and Selection Scale from the date of her initial appointment. The matter travelled all the way upto Supreme Court and the order passed in her favour by the learned Single Judge was upheld. It is her case that only thereafter the State had issued the orders for grant of Senior Scale and Selection Scale which is ought to be revised now again. 3. By an interim order, while issuing notices, this Court had stayed recovery proceedings. 4. In reply, the respondents state that while she was granted earlier the selection scale w.e.f. 30.10.1994, on finding her service record to be not clean on account of there being an adverse remark for the year 1992-93, her selection scale was deferred to 27.07.1998. It is submitted that the action has been taken in accordance with law. An affidavit was asked to be filed by the Court whereupon the Officer In-charge has filed affidavit stating that the adverse remarks of 1992-93 had been expunged on 26.11.1994. Thus, this Court finds that the selection scale granted to the petitioner earlier w.e.f. 30.10.1994 was not required to be interfered with on the basis of the so-called adverse remarks of 1992-93 since it stood already expunged. The order also suffers from non-compliance of the principles of natural justice as the petitioner was not given any opportunity of hearing before withdrawing her selection scale. In view of above, the adverse remarks could not have been considered and therefore, the order, reviewing the selection scale of the petitioner from 30.10.1994 to 27.07.1998 is declared as illegal and unjustified and is accordingly set aside. The selection scale granted to the petitioner w.e.f. 30.10.1994 is restored. In view of above, the adverse remarks could not have been considered and therefore, the order, reviewing the selection scale of the petitioner from 30.10.1994 to 27.07.1998 is declared as illegal and unjustified and is accordingly set aside. The selection scale granted to the petitioner w.e.f. 30.10.1994 is restored. The petitioner would be allowed to draw her pension accordingly and the recovery orders which have been issued by the impugned order dated 22.12.2014 are also accordingly set aside. 5. The writ petition is allowed in the aforesaid terms. No costs.