A single judge dismissed a writ petition challenging the Rajasthan Civil Service Appellate Tribunal's decision to deny a selection scale adjustment. The Court held the Tribunal was correct in excluding punishments older than seven years, and the writ was dismissed for lack of merit.
Writ petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 10012/2020
----Petitioners
Versus
Amar Singh S/o Shri Buddh Ram Meena, Constable No. 120, Cid (Cb), Jaipur.
----Respondent
For Petitioner(s) : Mr. Pushpender Singh Naruka for Mr. Rupin Kala For Respondent(s) :
For Petitioner(s)
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
09/09/2020
Counsel for the petitioners submitted that order passed by Rajasthan Civil Service Appellate Tribunal, Jaipur dated 27.9.2019, whereby the action of the petitioners in granting the third Selection Scale entitle to the respondent from 4.06.2012 to 4.12.2013, was held to be legal and distinguishable.
Learned counsel for the petitioners further submits that the consideration of punishment of stopping the increment of six months and passing of essential orders was required to be considered for the purpose of grant of selection scale as has been held by the Apex Court in the case of State of Rajasthan Vs. Shankar Lal Parmar: (2011) 14 SCC 235.
However, this Court finds that punishments were awarded to the respondent on 30th April, 1985 and 21st March, 1991,
(2 of 2)
[CW-10012/2020]
respectively. These two punishments could not have been taken into consideration for grant of third Selection Scale to which the respondent became entitled in the year 2012 and the Tribunal has therefore rightly held that third selection scale could not have been shifted from 4.06.2012 to 4.12.2013 holding that taking into consideration of punishment awarded more than 20 years back for the purpose of selection scale was unjustified.
This Court finds that for the purpose of promotion record is seen of last seven years and punishment awarded prior to seven years and punishment prior to last seven years cannot be taken into consideration. The same principle would apply to grant of selection scale which is in lieu of promotion therefore, the view taken by the Tribunal, does not warrant any interference.
The writ petition is being devoid of merit and the same is accordingly dismissed.
(SANJEEV PRAKASH SHARMA),J
Pooja /29
1 issue framed by the court
Whether the High Court could interfere with the Rajasthan Civil Service Appellate Tribunal's decision regarding the grant of third selection scale to the respondent.
Colour shows how this judgement treated each authority
State of Rajasthan Vs. Shankar Lal ParmarReferred¶16
State of Rajasthan Vs. Shankar Lal Parmar: (2011) 14 SCC 235 · Who else cites this
Director General Of Police, Rajasthan, Jaipur
Amar Singh S/o Shri Buddh Ram Meena
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
