1. These two writ petitions involve common questions of law and facts and are thus being decided together by this single order.

2. The petitioners herein were both working as Constables in the respondent police department. The challenge which has been laid by the petitioners by way of these instant writ petitions is to the action of the respondent authorities in subjecting them to repeated deferment of selection grades by the effect of notification dated 31.12.2009 issued by the Finance Department, Government of Rajasthan.

3. The petitioner Smt. Laxmi Beniwal was inflicted two penalties of Censure by orders dated 1.12.1997 and 30.4.2001 respectively and under the effect thereof, the first selection grade was sanctioned to her with deferment of two years from 20.2.2004 to 20.2.2006. When the petitioner Laxmi Devi had completed 18 years of service, she claimed the benefit of second selection grade upon which she was communicated an order dated 8.8.2013 intimating that owing to two punishments of Censure, she would be entitled to second A.C.P. (selection scale) w.e.f. 20.2.2015.

4. The petitioner Roop Giri was inflicted penalty of withholding of three grade increments without cumulative effect by order dated 23.10.1997. Accordingly, though the first selection grade on completing 9 years of service fell due to him on 16.1.1995 but the same was deferred and was afforded to him from 16.1.1998. However, second selection grade was given to Roop Giri w.e.f. 15.1.2004 upon completing 18 years of service without any deferment. On 22.6.2005 another penalty of Censure was imposed upon him. It is asserted that petitioner Roop Giri had completed 27 years of service on 16.1.2013. For considering grant of third selection only previous seven years’ service record between 16.1.2006 to 16.1.2013 was to be seen during which period no penalty was inflicted upon the petitioner. Thus, it has been claimed that having completed 27 years of service in reference to his initial date of appointment being 16.1.1986 the petitioner Roop Giri became entitled to third selection grade on 16.1.2013. However, the respondents passed the order Annexure P-6 dated 26.2.2013, as per which it has been intimated that he would be entitled to third selection grade only upon completing 31 years of service.

5. The said orders have been passed in reference to the Finance Department notification dated 31.12.2009, the relevant clause whereof is reproduced hereinbelow for the sake of ready reference:-

“If a financial upgradation under the ACPS is deferred and not allowed due to the reason of the employee being unfit or due to departmental proceedings, etc. this would have consequential effect on the subsequent financial upgradation which would also get deferred to the extent of delay in grant of previous financial upgradation.”

6. The petitioners, on the other hand, have relied upon the circulars dated 19.8.2009 and 21.8.2009 issued by the police headquarters, as per which, while assessing the entitlement of the employee for grant of selection grades only the previous seven years service record is to be seen and considered.

7. The respondents, in reply to the writ petition have taken recourse to the above referred circular/memorandum dated 31.12.2009 issued by the Finance Department, Government of Rajasthan wherein it has been provided that the deferment of ACP/Selection Grade on account of departmental proceedings would have consequential effects on the subsequent financial upgradation.

8. Sarva Shri N.L.Joshi and H.S.Sidhu, learned counsel for the petitioners vehemently contended that the action of the respondents in giving recurring effect to orders imposing penalty and the consequent repeated deferment of selection grades otherwise admissible to the petitioner employees is grossly illegal and violative of right against double jeopardy enshrined under Article 20 of the Constitution of India. They urged that the impugned action is also illegal for the reason that the Service Ru