Although, it may be true that the Supreme Court, while dismissing the SLP filed by the State in the case of Sohanlal Mathur (supra) had left the question of law open but what is being argued before this court, cannot be said to be purely a question of law. It is common knowledge that the scheme/policy for grant of selection scales to the employees of the State Government and its instrumentalities was introduced with a view to remove stagnation faced by members of the ministerial/ subordinate services. Due to non-grant of timely promotion and if the Government, while granting selection scale, does not grant higher pay scale, then prescription of selection grade, as rightly held by this court in the case of “Sharvan Kumar versus State of Rajasthan & ors”, SB Civil Writ Petition No.2156/2007, decided on 5.9.2008, shall be of no consequence. The grant of same pay scale on selection scale would be illusory being contrary to the spirit of the scheme. Para 4(i) of the Circular dated 25.01.1992, which is reiterated in Circular dated 17.02.1998, provided that first selection grade, whenever admissible in terms of the said order, shall be the pay of promotional post in the same
