Minor service penalties do not obstruct entitlement to selection scales under applicable service circulars.

JUDGMENT :

Mr. Mahendar Kumar Goyal, J. - This civil second appeal is preferred against the judgment and decree dated 01.11.2017 passed by the learned Additional District Judge No.10, Jaipur Metropolitan (for brevity, "the learned Appellate Court") in Civil Regular Appeal No.71/2017 whereby, while dismissing the appeal preferred by the appellants-defendants (for brevity, "the defendants"), the judgment dated 23.02.2017 passed by the learned Additional Civil Judge No.2, Jaipur Metropolitan (for brevity, "the learned trial Court") partly decreeing the suit filed by the respondent-plaintiff (for brevity, "the plaintiff") for declaration, has been affirmed.

2. The relevant facts in brief are that the plaintiff filed a suit for declaration against the defendants stating therein that he was appointed as permanent Conductor by the defendant-Corporation in the year 1977 and vide order dated 05.07.1998, he was granted regular pay scale. It was averred that his services were terminated vide order dated 28.07.1982, which was set aside by the learned Court in a civil suit filed by him and ultimately, this Court, vide its judgment and decree dated 17.09.2002 passed in civil second appeal, directed benefit of back wages from the decree dated 14.12.1989 passed by the learned trial Court. He submitted that in pursuance of a Circular dated 25.01.1992 issued by the State Government and adopted by the defendant-corporation, he was entitled for the benefit of first, second and third selection grade on completion of 9, 18 & 27 years of service respectively. It was alleged that instead of granting him benefit of first selection scale from 25.01.1992 and second selection scale w.e.f 05.07.1996, the defendants have extended the same w.e.f 15.07.2000 and 23.09.2011 respectively and he has not been paid benefit of Assured Carrier Progression (for brevity "ACP") on completion of 27 years of service in lieu of the third selection scale grade on account of implementation of 6th Pay Commission despite completion of 34 years of service. Therefore, the decree as aforesaid was prayed for.

3. The defendants in their joint written statement submitted that the plaintiff has been paid benefit of first and second selection scale w.e.f. 15.07.2000 and 23.09.2011 respectively on account of his bad service record. It was further stated that he was dis-entitled for the benefit of ACP for the same reason. Dismissal of the suit, therefore, was prayed for.

4. On the basis of pleading of the parties, the learned trial Court framed seven issues. After recording evidence of the respective parties, the learned trial Court partly decreed the suit vide judgment dated 23.02.2017 whereby, the plaintiff was held entitled for the benefit of first selection scale w.e.f 25.01.1992 as claimed; but, was held entitled for the benefit of second selection scale w.e.f. 05.07.2007 instead of 05.07.1996 on account of stoppage of 10 annual grade increments in the intervening period. The civil first appeal preferred there against by the defendants has been dismissed by the learned Appellate Court vide judgment dated 01.11.2017.

5. Assailing the impugned judgment and decree dated 01.11.2017, the only contention advanced by the learned counsel for the defendants is that as per the Circulars of the corporation dated 24.04.1994 & 07.05.1998 issued by the defendant-corporation, its employees having bad service record are dis-entitled for the benefit of selection scale. He submits that since, the plaintiff did not have a clean service record, he was dis-entitled for the benefit of first an