IMPORTANT POINT
Classification of employees into those having unblemished service record and those earning censure is not violative of Article 14 of the Constitution.

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 dismissing the appeals preferred by the State. The approach adopted by the High Court in all such cases would reflect that the judgment in Devi Singh's case has not only been misread but has also been misinterpreted by them. In fact, it was the duty of the learned Advocate for the Appellants, who had appeared in the High Court to have pointed out the distinction, but apparently it appears that he failed to do so which has led to erroneous judgments. The controversy has been pending before this Court for quite some time, therefore, we deem it fit to decide it, by a reasoned judgment to iron out the creases and clear the clouds.

4. It is relevant to mention here that a Special Leave Petition filed by the State, against one Bheem Singh was dismissed by this Court on 06.01.2010 on the ground of delay. The Order reads as under:

“Heard learned Counsel for the Petitioners.

The Special Leave Petition is dismissed on the ground of delay as also on merits.

However, the question of law is kept open to be decided in an appropriate case.” Since the Special Leave Petition was dismissed on the ground of delay and the question of law was clearly left open, thus there is no difficulty in deciding these appeals on merits, because the said Special Leave petition was not decided on merit.

5. Brief facts material for deciding the instant case are given hereinbelow:

With a view to provide relief to employees, Class IV, Ministerial Subordinate Services and those holding isolated posts, Selection Grades were prescribed for the lowest posts in these services, so as to resolve the problem of stagnation. With this intention, first Office Order was issued by the State of Rajasthan on 25.01.1992. The salient and important features of the said Order, relevant for the purpose of these appeals are reproduced hereinbelow:

“2.(i) The first selection Grade shall be granted from the day on which one completes service of nine years, provided that the employee has not got one promotion earlier as is available in his existing cadre.

(ii) The Second Selection Grade shall be granted from the day following the day on which one completes service of eighteen years, provided that the employee has not got two promotions earlier as might be available on his existing cadre an the first selections grade granted to him was lower than the pay scale of Rs. 2200-4000.

(iii) The third Selection Grade shall be granted from the day on which one completes service of twenty seven years, provided that the employee has not got three promotions earlier as first or the second Selection Grade granted to him, as the case may be was lower that the pay scale of Rs.2200-4000.

6. Another important and relevant Clause in the said Order for our perusal is 7, which is also reproduced hereinbelow:

“7. Selection Grades in te