1996 Supreme(Raj) 1271
M.G.MUKHERJI, BHAGWATI PRASAD
Madan Mohan Lohia – Appellant
Versus
State of Rajasthan – Respondent
Advocates:
For the Appellant:K.C. Samdariya, Advocate.
For the Respondents:Mr. U.C.S. Singhvi, Advocate.
JUDGMENT
1. - The appellant in this appeal has challenged the judgment passed by a learned Single Judge of this Court in S.B. Civil Writ Petition No. 3253/93 dated 21.7.1993.
2. The appellant joined the service as Lower Division Clerk on 20.8.1973 in the office of the District and Sessions Judge, Jodhpur. For a pretty long time, he continued to discharge the functions of LDC and completed 15 years of service on the post of LDC. On completion of his service of 15 years, he was not considered for being granted selection grade as by the notification of the Finance Department, dated 14.3.1985, the posts for such consideration were restricted to 10% only. In the meanwhile, the appellant-petitioner was promoted as Upper Division Clerk on 14.12.1989.
3. After the appellant was promoted as UDC on 14.12.1989, a circular was issued by the Finance Department being Circular No. G/20(90)FD/Gr.2/89 dated 19.12.1990. By this Circular the condition of 10% of the posts were relaxed and it was ordered that if the employee was eligible then from 1.9.1988 that employee could be granted selection grade. The appellant in pursuance to this notification staked his claim for being awarded selection grade. A
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