[2025:RJ-JP:25372] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4645/2001 Bajrang Singh Son of Late Shri Kiran Singh aged about 53 years Resident of near P.S. Kunadi Thermal Road, Sakatpura Kota. ----Petitioner Versus 1.State of Rajasthan through Home Secretary. Secretariat, Jaipur. 2. Director General of Police, Rajasthan, Jaipur. 3. D.I.G. Police, Kota Range, Kota. ----Respondent For Petitioner(s) : Mr. Nadeem Mazahir for Mr. Bhanwar Bagri For Respondent(s) : Mr. Vinod Kumar Gupta HON'BLE MR. JUSTICE SUDESH BANSAL Order 09/07/2025 1. Heard counsel for both the parties and perused the pleadings and material placed on record. 2. Petitioner filed instant writ petition invoking the writ jurisdiction of High Court under Article 226 of the Constitution of India, assailing the order dated 14.09.1998 (Annx.5), denying benefit of selection scale to petitioner and has prayed to issue directions to the respondents to grant benefit of selection scale to the petitioner on completion of 9, 18 & 27 years of service in terms of Circular of the State Government dated 25.01.1992 and circular issued by the Police Department on 23.07.1992. 3. From the record, it has evinced that petitioner was appointed on the post of Sub-Inspector vide order dated 26.03.1971 and [2025:RJ-JP:25372] (2 of 3) [CW-4645/2001] upto the year 1992, he has earned 15 penalties of censure and 2 penalties of stoppage of Annual Grade Increment, a total of 17 penalties. The respondents, taking into consideration the previous service record of petitioner, prior to 1992 and the fact that petitioner has been punished 17 times, deferred the benefit of selection scale for 17 years i.e. from 16.02.1992 to 16.02.2009, but since before getting the benefit of selection scale w.e.f. 16.02.2009, petitioner attained the age of superannuation, he could not get the benefit of selection scale. 4. Though the counsel for petitioner, during course of arguments, has referred Circulars of the Police Department dated 23.07.1992 and 21.02.1994, to show that the penalty of censure should not have been considered to defer the grant of selection scale, however, it has transpired that vide a subsequent circular dated 24.08.1995 (Annx.R/1), previous circulars were amended and the penalty of censure was allowed to be considered while granting the benefit of selection scale. Hence, in view of circular dated 24.08.1995, the deference of grant of selection scale to petitioner for 17 years on account of 17 penalties including 15 penalties of censure and 2 penalties of stoppage of Annual Grade Increment, may not be said to be arbitrary, illegal or violative to the legal rights of petitioner. 5. In addition to above, a perusal of the Circular dated 25.01.1992, which has been followed by the Police Department vide Circular dated 23.07.1992, reveals that such Circular clearly envisage that the benefit of selection scale in terms of this Circular shall be granted only to those employees whose record of service is satisfactory. The record of service which makes one eligible for [2025:RJ-JP:25372] (3 of 3) [CW-4645/2001] promotion on the basis of seniority, shall be considered to be satisfactory for the purpose of grant of selection scale. 6. Since, as per the record of the petitioner, he has suffered 17 penalties prior to 1992, the deference of benefit of selection scale for 17 years and prior to that petitioner has attained the age of superannuation, this Court does not find any manifest error, perversity in the order dated 14.09.1998 (Annx.5) which calls for interference in exercise of writ jurisdiction under Article 226 of the Constitution of India. It cannot be said that any legal right, vested by virtue of Circulars dated 25.01.1992 & 23.07.1992 has been violated. The service record of petitioner is not unblemished. 7. As a final result, the instant writ petition is not liable to succeed and same is hereby dismissed. 8. All pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J RONAK JAIMAN/4