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VINIT KUMAR MATHUR
Bhanwar Singh Jakhad, S/o. Sh. Man Singh Jakhad – Appellant
Versus
State of Rajasthan Through the Secretary, Home Department, Rajasthan, Jaipur – Respondent
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
Minor penalties cannot indefinitely defer promotions under the criteria of seniority cum merit.
The central legal point established in the judgment is that the pendency of disciplinary proceedings and award of punishment should not bar the grant of Selection Grade/Special Grade, as per the rele....
The court held that the petitioner is entitled to the second selection grade based on service counted from the date of initial appointment, affirming the legality of benefits from that date.
Employees must receive selection grade benefits based on their actual length of service from the date of initial appointment, in accordance with governmental policy.
The suit instituted by the respondent was barred by limitation, and the respondent failed to meet the basic requirements for the Selection Grade.
The denial of pay scale benefits to petitioners after 18 years of service is unjustified; they are entitled to the pay scale of Sub-Inspector as per M.T. Cadre.
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