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2009 Supreme(Raj) 1383

GOVIND MATHUR
Hanuman Singh Tanwar – Appellant
Versus
State of Rajasthan – Respondent


For the Petitioner:Devilal Rawla for B.K.Vyas, Advocates.
For the Respondents:B.L. Tiwari, Advocate.

JUDGMENT

1. - On being selected by Rajasthan Public Service Commission an appointment was given to the petitioner as Lower Division Clerk under an order dated 15.10.1984. The selection grades on completion of 9 and 18 years of services were also allowed to him w.e.f. 18.10.1993 and 18.10.2002 respectively. A promotion was also accorded to the petitioner as Upper Division Clerk under an order dated 11.9.2007 but he did not choose to avail the same. The respondents on foregoing promotion by the petitioner decided to withdraw the second selection grade granted to him in the pay scale of Rs. 5000-8000. Being aggrieved by the same the petitioner submitted a representation to the competent authority i.e. the Director, Prosecution but of no consequence. It was communicated to the petitioner that in view of a clarification made by the Government of Rajasthan under a circular dated 4.12.1996 the second selection grade cannot be given on foregoing regular promotion. By this petition for writ the petitioner is challenging validity of the withdrawal of second selection grade in pursuant to the circular dated 4.12.1996.

2. It is urged by counsel for the petitioner that withdrawal of selection gr









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