Rajasthan High Court - JodhpurState Of Raj. & Ors vs Vakeel Singh & Anr on 24 July, 2012Author:Govind MathurBench:Govind Mathur1

       S.B.CIVIL WRIT PETITION NO. 10274/2011
      State of Rajasthan & Ors. Vs. Vakeel Singh and Anr.

Date of Order                ::                 24.7.2012

          HON'BLE MR. JUSTICE GOVIND MATHUR

Mr. I.S. Pareek, Additional Government Counsel.
                              ...By this petition for writ, a challenge is given to validity,

correctness and propriety of the judgment dated 13.7.2010

passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur.

By the order aforesaid, learned Tribunal while accepting the

appeal preferred by the respondent-Government servant          set

aside the order withdrawing selection granted to him.In brief, facts of the case are that the respondent-

Government servant entered in the services of the respondents

on being appointed as Patwari on 20.4.1972. As per the decision

of the Government of Rajasthan        under the notification dated

25.1.1992, on completion of 18 years of service, second

selection grade was allowed to him w.e.f. 9.7.1992. Prior to it,

first selection grade was granted to him on completion of 15

years of service. By an order dated 8.9.1998, an ad hoc

promotion was accorded to the respondent-Government servant

for a period of three months, that was not availed by him. The

petitioner, thus, withdrew the second selection grade.By way of    filing an appeal, the respondent-Government

servant challenged the order withdrawing the selection grade.

Learned Tribunal by the judgment impugned accepted the appeal

by holding that the promotion means regular promotion and not2the ad hoc promotion and therefore, on forgoing the ad hoc

promotion, the selection grade granted is not required to be

withdrawn.It is submitted by learned counsel for the petitioners that

the learned Tribunal failed to appreciate that the appointment

was given to the respondent-Government servant against the

existing vacancy and on forgoing that he is not eligible to avail

selection grade in view of the Government of Rajasthan decision

dated 4.12.1996. It is asserted that no distinction is made by the

Government of Rajasthan while referring the term promotion in

the order dated 4.12.1996.Heard learned counsel for the petitioner.It is well settled that as per Government of Rajasthan

notification dated 25.1.1992 and its subsequent orders, selection

grades are prescribed to the Government servant in lieu of

promotion with an intention to remove stagnation       in service.

The selection grades are granted, if an incumbent is not

receiving promotion in regular cadre despite having an avenue

for the same. If no channel of promotion is available then with a

view for career advancement, selection grades are required to be

given as per para No.5 of the notification dated 25.1.1992. An ad

hoc promotion for a term of three months is purely stop gape

arrangement and just to meet immediate exigency. While

availing ad-hoc promotion the promotee remains a member of

his original cadre   and he discharges duties of the higher post3looking to the need of the employer. Such promotion in no

       manner create any right to become substantive member of the

       promotional cadre or the post as the case may be, as such,

       forgoing the ad-hoc promotion cannot be a reason for denying

       selection grade given in lieu of regular promotion.Learned Tribunal, thus, has not committed any wrong in

       passing in the order impugned that may warrant interference of

       this Court while exercising the powers underArticle 226and227of the Constitution of India. The petition for writ is dismissed,

       accordingly.(GOVIND MATHUR), J.rm/-