Order

1. This writ petition has been filed by the petitioner with following prayer:

(i) An appropriate writ, order or direction to the respondents for quashing the order dt. 15.07.1999 with consequential relief and further, declaring the petitioner eligible for selection scale on completion of 15 years of service w.e.f. 01.03.1988 as per Circular dt. 23.01.1985 (as per the order dt. 30.05.1989) with consequential relief and arrears @ 12% p.a.

(ii) An appropriate writ, order or direction to the respondents for revision of entire retiral benefits i.e. PPO/ GPO / CPO etc after grant of fixation prayed for in prayer No. (i) with consequential relief and arrears alongwith interest @ 12% p.a.

(iii) An appropriate writ, order or direction to the respondents for declaring the recovery of the amount of Rs. 11,820/- to be ab-initio illegal & wrong and order for refunding the aforementioned deducted amount with interest @ 12% from the date of recovery till the date of actual payment.

(iv) An appropriate writ, order or direction to the respondents for quashing the adverse order, if passed, during the pendency of the writ petition adversely affecting the cause of writ petition.

(v) Any other appropriate writ, order or direction to the respondents, which this hon'ble court deems just, and proper in the circumstances of the case.

(vi) Cost of the writ petition.

2. It is stated that the petitioner was initially appointed on 19.02.1973 on the post of Lower Division Clerk in the office of Executive Engineer, Public Health and Division Department, Kota after following the due process of selection. Learned counsel submits that vide order dated 27.08.1976, the petitioner was transferred from PHED Department to Board of Revenue. Thereafter, one order dated 30.05.1989 was issued in order to grant benefit of selection grade pursuant to order dated 23.01.1985 issued by the Finance Department on completion of 15 years of services w.e.f. 01.03.1998, evidencing that services of the petitioner from initial date of appointment in PHD w.e.f.19.02.1973 was taken into consideration.

3. Learned counsel appearing for the petitioner submits that after lapse of more than 10 years, all of sudden without affording any opportunity of hearing, an order dated 15.07.1999 was issued by the Deputy Registrar (Administration), Board of Revenue, Ajmer whereby the benefit of grant of selection grade on completion of 15 years of service was revised and instead of counting services of the petitioner from the first date of appointment in PHED, the respondents granted such benefit w.e.f 30.08.1991 after computing the services from the date of joining in Board of Revenue on 30.08.1976. Learned counsel further submits that in similar manner, one another employee Vasiullah Baig was also initially appointed in the office of District Collector on 14.07.1973 and was subsequently transferred to Patwar Training School, which also comes within the jurisdiction of Board of Revenue, vide order dated 10.01.1978 and since, the benefits of selection grade on completion of 15 years of service were although granted to him by counting his services from first date of appointment, yet later on, such benefit was withdrawn and revised by granting the benefits from the date of transfer to the office of Patwar Training School, Vasiullah Baig filed appeal No. 1968/2002 before Rajasthan Civil Services Appellate Tribunal, Jaipur by way of filing appeal No. 1968/2002, which was allowed by the Tribunal. Order of the Tribunal was challenged by the State Government before the Single Judge of this Court by way of filing writ petition; however, the writ petition filed by the State Government was dismissed vide order dated 11.04.2005. Thereafter, the State Government approached the Division Bench by way of filing D.B. Special Appeal (Writ) No. 945/2008, however the same was also dismissed by the Division Bench vide order dated 11.06.2014. Consequently, benefits of selection grade earlier