Rajasthan High Court - Jaipur
Mukesh Kumar Goyal vs State (Medical And Health )Ors on 14 May, 2018
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writs No. 21095/2012
Mukesh Kumar Goyal S/o Shri Omprakash Goyal, Aged About 37
Years, 1-Kha-39, Bhiwani Park, Behind Homeopathetic College,
Alwar (Raj.)
----Petitioner
Versus
1. State Of Rajasthan Through Its Principal Secretary,
Department Of Medical Health, Govt. Secretariat, Jaipur
2. The Additional Director (Administration), Medical Family
Welfare Department, Rajasthan, Jaipur
3. The Principal Medical Officer, Alwar (Raj.)
4. The Chief Medical Health Officer, Alwar (Raj.)
5. The Junior Specialist Incharge, C.h.c., Ramgarh, Distt.
Alwar (Raj.)
----Respondents
For Petitioner(s) : Mr.Tanveer Ahmed, Advocate. For Respondent(s) : Mr.Sanjay Kumar Sharma, Govt.
Counsel.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 14/05/2018 The instant petition has been filed by the petitioner seeking a direction to grant him benefit of first Selection Grade on completion of nine years of service. The petitioner has further prayed that omission of the respondents in not granting him first Selection Grade on account of pendency of departmental enquiry and criminal case, registered subsequent to completion of nine years, may be declared arbitrary and illegal.
(2 of 5) [CW-21095/2012] The brief facts of the case are that the petitioner came to be appointed on the post of Assistant Radiographer vide order dt.27.12.1996 and he joined on the said post on 28.12.1996.
The petitioner has submitted that he completed nine years of service on 27.12.2005 and became entitled for grant of first Selection Grade in view of the Notification dt.25.01.1992 issued by the Finance Department, Government of Rajasthan. The petitioner has pleaded in his writ petition that though he has been granted annual grade increments continuously, however, he is denied the benefit of first Selection Grade due to registration of Criminal Case
- FIR No.26/2006 registered on 10.01.2006 at the Police Station Kotwali, District Alwar.
Learned counsel for the petitioner submitted that the petitioner after submitting several representations is constrained to approach this court as the respondents have failed to consider that the petitioner had completed nine years of service on 27.12.2005 and till this date, there was nothing adverse against him.
Counsel submitted that the grant of first Selection Grade is dependent on completion of nine years of service and the Government Notification dt.25.01.1992 provides that Selection Grade is granted to those employees whose record of service, is satisfactory. The record of service which makes one eligible for promotion on the basis of seniority is required to be considered as satisfactory for the purpose of grant of Selection Grade.
Counsel for the respondent Mr.Sanjay Sharma submitted that the petitioner is not entitled for grant of first Selection Grade as there was a criminal case registered against him. Counsel submitted that though the FIR has been registered on 10.01.2006 (3 of 5) [CW-21095/2012] in respect of the offences committed by the petitioner under Section 420 & 409 IPC, the financial irregularities which have been committed by the petitioner relate back to the year 2002-03 and as such during the relevant time, when the petitioner is claiming Selection Grade, the same cannot be allowed to him as the service record of the petitioner cannot be treated as satisfactory.
Counsel further submitted that the petitioner has indulged himself in misappropriation of the Government funds and as such till the completion of criminal case, such benefit may not be conferred in favour of the petitioner.
I have heard both the learned counsel for the parties. It would be appropriate to quote clause 2(i) and clause 7 of the Government Notification dated 25.01.1992 whereby Selection Grades have been provided to different employees of the State Government and the same read as under:-
"2(i) The first Selection Grade shall be granted from the day following the day on which one completes service of nine years, provided that the employee has not got one promotion earlier as is available in his existing cadre.
7. Selection Grades in terms of this order shall be granted only to those employees whose record of service is satisfactory. The record of service which makes one eligible for promotion on the basis of seniority shall be considered to be satisfactory for the purpose of grant of the Selection Grade."
The perusal of clause 2(i) clearly provides that person has to complete nine years of service for getting first Selection Grade and his service record has to be satisfactory. The satisfactory record of service envisages the candidate to be eligible for promotion on the basis of seniority. This court finds that the petitioner had joined (4 of 5) [CW-21095/2012] service on 28.12.1996 on the post of Assistant Radiographer and he completed nine years of service on 27.12.2005 and as such according to clause 2(i) of the Government Notification dated 25.01.1992, he became eligible to the benefit of first Selection Grade and the registration of FIR on 10.01.2006 cannot come in his way as an impediment for grant of Selection Grade as the FIR has been registered subsequently from the date of entitlement.
The submission of learned counsel for the respondent that the alleged irregularities committed by the petitioner relate back to the year 2002-03, this court finds that the allegation in respect of previous year, would not affect the right of the petitioner as the FIR has been registered after the entitlement of the petitioner for grant of Selection Grade as he has completed nine years of service on 27.12.2005. The allegation against the petitioner of causing financial loss on account of the alleged irregularities, might be of previous year, however, the department cannot take shelter of the same. This court finds that the petitioner became entitled as per clause 2(i) and clause 7 of the Government Notification dated 25.01.1992 and he has been wrongly denied the benefit of first Selection Grade on completion of nine years of service on 27.12.2005.
Accordingly, the instant writ petition deserves to the allowed and the petitioner is held entitled to the benefit of first Selection Grade on completion of nine years of service and accordingly the respondents are required to confer the said benefit to the petitioner.
Consequently, the instant writ petition stands allowed and the respondents are directed to grant the benefit of first Selection Grade to the petitioner on completion of nine years of service (5 of 5) [CW-21095/2012] within a period of five weeks from the date of receipt of copy of this order.
(ASHOK KUMAR GAUR),J Solanki DS, PS/56