STATE OF RAJASTHAN & ORS . versus SHANKAR LAL PARMAR

Citation: [2011] 11 S.C.R. 762 · Decided: 30-09-2011 · Supreme Court of India · Bench: DALVEER BHANDARI · Disposal: Appeal(s) allowed

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Judgment (excerpt)

. A 
B 
[2011] 11 S.C.R. 762 
STATE OF RAJASTHAN & ORS . 
v. 
SHANKAR LAL PARMAR 
(Civil Appeal No. 8404 of 2011) 
SEPTEMBER, 30 2011 
[DALVEER BHANDARI AND DEEPAK VERMA, JJ.) 
Service Law: 
c 
Selection Grade - Grant of - Eligibility - Government of 
Rajasthan Office order dated 24. 7. 1995 providing that grant 
of selection grade to employees who have earned censure 
will be deferred by one year - HELD: The Office Order dated 
24. 7. 1995 cannot be said to be illegal, arbitrary, 
0 
unconstitutional or without authority of law- Devi Singh's case 
clarified - However, State Government would not be entitled 
to make recoveries from the employees concerned -
Constitution of India, 1950 - Article 14 - Government of 
Rajasthan, Finance Department (Rules Division) Office Order 
dated 
E 
Constitution of India, 1950: 
Article 14 - Equality before law - Concept - Explained 
- HELD: In the instant case, the State Government has 
F permitted grant of Selection Grade to those who had good 
service record but for those who had earned censure, the 
same has been deferred by one year. Thus, there is a basic 
and fundamental difference between the two categories of the 
employees. It would clearly fall in the category of reasonable 
G classification which is permissible - Service Law - Grant of 
Selection Grade. 
H 
The State Government of Rajasthan, in order to 
provide relief to employees due to stagnation in Class IV 
762 
STATE OF RAJASTHAN & ORS. v. SHANKAR LAL 
763 
PARMAR 
and Ministerial Subordinate Services and those holding 
A 
isolated posts, by the first Office Order dated 25.1.1992, 
prescribed Selection Grades for the lowest posts in these 
services. A subsequent Circular dated 23.7.1992 issued 
B 
by the Office of the Director General of Police stated that 
'censure' would not be taken into account as 
unsatisfactory service record for the purpose of grant of 
Selection Grade. By Office Order/letter dated 24.7.1995 
issued by the Finance Department (Rules Division) to the 
Director General of Police, it. was clarfied that if an 
employee had earned 'censure' then grant of Selection c 
1 Grade would be deferred by one year. However, during 
·the interregnum certain employees had been granted the 
benefit of the Selection Grades despite their having 
earned 'censure'. Since the State Government started 
recovery of the amounts from such employees, writ 0 
petitions were filed in the High Court and the first one 
decided by the High Court was Devi Singh's1 case. On the 
strength of the said order several matters were filed by 
the employees and the High Court went on allowing the 
claims of the employees. 
In the instant appeals filed by the State Government, 
the question for consideration before the Court was: 
"whether an employee would be entitled for the grant of 
'Selection Grade', automatically, at the first instance, after 
the completion of 9 years, at the second instance, after 
the completion of 18 years and at the third and last 
instance, after the completion of 27 years of service, even 
when he has earned censure in the past years of service." 
Allowing the appeals, the Court 
HELD: 1.1. Clause 7 of the Order dated 25.01.1992 
makes it clear that only those employees would be 
entitled for grant of Selection Grades, whose service 
E 
F 
G 
1. 
Devi Singh vs. State of Rajasthan & Ors. 2004(2) CDR 925 (Raj). 
H 
764 
SUPREME COURT REPORTS 
[2011] 11 S.C.R 
A record has been satisfactory and are otherwise eligible 
for promotion on the basis of seniority but are not able 
to get the same as there might not be any channel of 
promotion or for want of sanctioned posts in the cadre. 
The doubts created by circular dated 23.07.1992, were 
B clarified by the Office Order dated 24.07.1995 stating that 
for the purposes of grant of Selection Grade, in a case 
where an employee has earned censure, the same should 
not be treated either as an impediment or obstruction for 
consideration of ·his promotion, but his case for such a 
c grant would be deferred by one year. [Para 7 and 11] [770-
C; 772-B-E] 
1.2. In view of the scheme of Selection Grade, 
earning of censure would be a bar for the employee to 
be granted Selection Grade for one year only. This is how 
D it should have been interpreted, and the first office Order 
dated 25.01.1992 was to be ur.Jerstood. [para 12] [772-
F-G] 
1.3. In Devi Singh's case what has been decided was 
E that an employee who has already been granted the 
benefit of Selection Grade,

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