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Judgment
The present appeal arises from order dated 19.09.2011
allowing S.B. Civil Writ Petition No.6300/2010 to that extent that it
interprets the Government Circular dated 25.01.1992 as clarified
on 23.07.1992 that censure would be no bar to consideration for
grant of selection grade.
We have heard Counsel for the parties and need not
dilate on the aspect further in view of the authoritative
pronouncement in this regard in (2011) 14 SCC 235, State of
Rajasthan Vs. Shankar Lal Parmar, after consideration of the
aforesaid circulars observing as follows:-
This earning of censure would be a bar for the employee to be granted Selection Grade for one year only. This is how it should have been interpreted, and the first office Order dated 25.01.1992 was to be understood. However, with regard to issuance of Office Orders from time to time and clarificatory Circular issued by the State, the things became much more complicated and confusing, leading to filing of many Writ Petitions and passing of several orders by Single Benches and Division Benches of the High Court. We are thus called upon to set the controversy at rest."
Shankar Lal Parmar(supra) came to be delivered barely
ten days after the order of the Learned Single Judge. The order
under appeal is therefore held to be not sustainable and is set
aside.
The submission on behalf of the Respondent that a
review petition is pending before the Supreme Court does not
impress us.
The appeal is allowed.