Ahan Mohd. vs The State of Rajasthan and Others

Gopal Krishan Vyas, J.—Although an application has been filed for early hearing of the matter, but as the short question is involved in this matter, therefore, with the consent of the parties, this writ petition is disposed of in the following manner.

Admittedly, the Petitioner is working on the post of Jr. Engineer with the Respondent department. A criminal case under the Prevention of Corruption Act has been registered against the Petitioner. Thereafter, the Petitioner was discharged from the charges levelled against him by the Special Judge, Prevention of Corruption Act, Jodhpur and, after discharge, an application was filed by the Petitioner for granting selection scale.

The case of Petitioner was forwarded by the Vikas Adhikari to the Chief Engineer for granting benefit of selection scale. The Chief Engineer in turn refused to grant benefit of selection scale on the ground that against the order of discharge passed by the trial court a revision petition is pending in the High Court.

In my opinion, the selection scale cannot be denied on the ground that revision petition is pending in the High Court. It is true that in the event of allowing revision petition by the High Court, the consequential order can be passed by the competent authority, but at this stage, when Petitioner has been discharged from the charges levelled against him, Petitioner is very much entitled for the benefit of selection scale.

In this view of the matter, the Respondents are directed to consider the case of Petitioner for granting selection scale ignoring the fact that revision petition against the order of discharge is pending in the High Court and pass an appropriate order for releasing selection scale within a period of one month from the date of receipt of certified copy of this order.