STATE OF RAJASTHAN & Anr. v. SURENDRA MOHNOT & Ors.

HELD: 1. The decision in the case of *Chandra Shekhar's case pertains to grant of increments for the period prior to regularization . It has nothing to do with the grant of selection grade. The iaw enunciated in ** Jagdish Narain Chaturvedi's case is that the period for C grant of selection grade has to be reckoned from the date . of regularization in service and not prior to that, and covers the controversy. The respondents prior to regularization were not members of service or a part of the cadre and hence, the benefit' of the circular pertaining to selection grade was not applicable to them. Therefore, the irresistible conclusion is that they are only entitled to the benefit of selection grade from the date of regularization. The period of nine years, eighteen years and twenty seven years has to be computed from that date. They may have been given the first benefit on an E erronedus understanding of the .circular and also prior to the decision in Jagdish Narain Chaturvedi's case. But that would not entitle them to assert their claim on that basis, for that would be contrary to the law of the land as stated in Jagdish Narain Chaturvedi's case. The State, as the latter circular would indicate, has decided not to take any steps tor recovery of the benefit. Therefore, the writ petition preferred by the respondents before the High Court is dismissed.[Para 15, 16, 28] [208-B; 209-F; 215- F-H; 216-A-C] F G State of Rajasthan and others v. Jagdish Narain relied Chaturvedi 2009 (8) SCR 1011: (2009) 12 sec 49 - on. Chandra Shekhar v. State of Rajasthan and others CA (Writ No. 377/1996; State of Haryana v. Haryana Veterinary H STATE OF RAJASTHAN v. SURENDRA MOHNOT 195