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2011 Supreme(SC) 959

DALVEER BHANDARI, DEEPAK VERMA
State of Rajasthan – Appellant
Versus
Shankar Lal Parmar – Respondent


Advocates appeared:
For the Appellants:Dr. Manish Singhvi, AAG, Irshad Ahmad, Ranji Thomas and V.N. Raghupathy, Advocates. For the Respondent:Rishabh Sancheti, T. Mahipal, Dr. Monika Gusain, Hariom Yaduvanshi, H. D. Thavi, Rishi Motolia, Sarad Kumar Singhania and Puneet Jain (for Pratibha Jain), Advocates.

Judgment :-

Deepak Verma, J.

1. Leave granted.

2. The solitary question that arises for our consideration in the instant and the connected appeals is whether an employee would be entitled for the grant of 'Selection Grade', automatically, at the first instance, after the completion of 9 years, at the second instance, after the completion of 18 years and at the third and last instance, after the completion of 27 years of service, even when he has earned censure in the past years of service.

3. In fact, on the strength of an Order pronounced by Division Bench on 12.12.2003 in the matter of Devi Singh Vs. State of Rajasthan & Ors. [reported in 2004 (2) CDR-925 (Raj)], several matters came to be filed in the High Court of Judicature of Rajasthan both at the Principal Bench at Jodhpur and at the Bench at Jaipur claiming entitlement for the Selection Grade. Unfortunately, the learned Judges, either sitting in Single Bench hearing Writ Petitions of the employees or in Division Bench, hearing Writ Appeals of the State, without properly appreciating or adverting to the ratio decidendi of the case, in a stereotype manner, went on allowing the Writ Petitions filed by the employees and dismiss








































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