IMPORTANT POINT
Minor penalties cannot indefinitely defer promotions under the criteria of seniority cum merit.

ORDER :

Vinit Kumar Mathur, J.

S.B. Civil Writ Petition No. 2/2018 :

1. Heard learned counsel for the parties.

2. Briefly noted the facts of the case are that on 20.10.1997, the petitioner was appointed on the post of Sub Inspector in the respondent Department and in the year 2015, he was promoted on the post of Inspector. The petitioner, while serving the Department, suffered three penalties of censure and one penalty of withholding of one annual increment without cumulative effects. The petitioner was entitled for grant of First Selection Grade on completion of nine years of his services in the year 2006. However, on account of grant of four punishments (three censure and 1 annual grade increment without cumulative effect), the first selection grade was deferred for four years and ultimately, the same was granted in the year 2010. After grant of first selection grade in the year 2010, the petitioner was entitled for grant of second selection grade in the year 2015, however, the same was denied to him on account of the fact that he has been granted the first selection grade in the year 2010, therefore, the completion of nine years thereafter will be computed from the date on which he was granted the first selection grade. Since the second selection grade was not granted to the petitioner on its due date i.e. in the year 2015, therefore, the present writ petition has been filed.

3. Learned counsel for the petitioner submits that the petitioner has suffered the punishment of deferring first selection grade by four years on account of four punishment orders granted to him in the year 2002 to 2004. Thus, the petitioner cannot be deprived of the second selection grade in the year 2015 for the simple reason that if another period of four years is deferred for grant of second selection grade then the same will amount to double jeopardy.

4. He further submits that the controversy involved in the present case is squarely covered by a judgment passed by Division Bench of this Court in case of State of Rajasthan & Ors. vs. Ram Chandra Meena (D.B. Civil Speal Appeal (Writ) No.356/2014, decided on 23.07.2015. He submits that the order of the Division Bench was also assailed before the Hon’ble Supreme Court by way of filing an SLP, however, the same was also dismissed by the Hon’ble Supreme Court vide order dated 05.09.2016.

5. Learned counsel, therefore, prays that the writ petition may be allowed and the respondents may be directed to grant the second selection grade to the petitioner on completion of 18 years of his services in the year 2015 in light of the judgment passed by the Division Bench of this Court in case of Ram Chandra Meena (supra).

6. Per contra, learned counsel for the respondents vehemently opposed the submissions made by learned counsel for the petitioner and submits that the period of nine years will be computed for grant of second selection grade from the date the petitioner has been granted first selection grade i.e. in the year 2015 in light of the judgment rendered by the Hon’ble Supreme Court in case of State of Rajasthan & Ors. vs. Shankar Lal Parmar, reported in 2012 0 AIR (SC) 1913. He, therefore, prays that the petitioner is not entitled for grant of second selection grade under the ACP Scheme in the year 2015, and, therefore, he prays that the writ petition may be dismissed.

7. I have considered the submissions made at the Bar and have gone through the relevant record of the case.

8. In the case of Shankar Lal Parmar (supra), the Hon’ble Supreme held that the Government order providing that earning of censure would be a bar for an employee to be granted selection grade for one year and like manner, applies to the facts of the present case to the extent that the same will be deferred for grant of first selection grade but the repeated denial of selection grade on the basis of punishment imposed was not there before Hon’ble Supreme Court for consideration.

9. In the present case, since the penalty of censure has been take