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2003 DIGILAW 1199 (RAJ)

State of Rajasthan : State of Rajasthan v. Janki Lal Meghwal : Tulsi Ram Gurjar

2003-08-27

PRAKASH TATIA, RAJESH BALIA

body2003
JUDGMENT : 1. - By the order dated 14.9.2001 the Rajasthan Civil Service Appellate Tribunal has decided the Appeals No. 780/2000 and 781/2000 by a common order. 2. The Tribunal notice that the appellants were appointed on 18.11.1988 as Home Guards on daily wages of Rs. 15/- per day and by order dated 15.1.1990 they have been placed in regular pay scale with dearness allowances. The appointment of two appellants, before the Tribunal, were made against the regular posts of LDC which have been sanctioned by the Finance Department for operating hot line. The pay fixation of two incumbents had been revised by order dated 8.6.1990 in the revised pay scale with effect from the date when the revised pay scale came into force and thereafter by the order dated 14.12.1992, the Collector made their services regular on those appellants passing the proficiency test. There is no dispute that the appellants were entitled to the benefit of grant of selection grade scale on completion of 9 years service. 3. The dispute was only about the date from which 9 years period is to be computed. The appellants before the Tribunal claimed that their services may be counted from the date when they were first appointed as daily rated employee whereas the contention of the State was that the services must be counted w.e.f. 14.12.1992. The Tribunal relying upon the decision of this Court in Pushplata Thada and 41 others v. State, 2001(2) WLC (Raj.) 560, partly allowed the appeal by holding that as per the ratio laid down in the aforesaid case the appellants were entitled to compute 9 years service w.e.f. the date they had been fixed in the regular pay scale applicable to the post regular which their appointment have been made. 4. Aggrieved with the aforesaid judgment dated 14.9.2001, the State Government has preferred two separate writ petition No. 405/2002, State of Rajasthan v. Janki Lal Meghwal and another, and writ petition No. 390/2002, State of Rajasthan v. Tulsi Ram Gurjar and Anr . 5. Both the writ petitions were dismissed by the learned Single Judge by referring to the Bench decision of this Court in Pushpalata Thada's case (supra). 5. Both the writ petitions were dismissed by the learned Single Judge by referring to the Bench decision of this Court in Pushpalata Thada's case (supra). An appeal arising out of the like order in the like circumstances, in case of 9 other appeals decided by the Tribunal by a separate order dated 14.9.2001 has since been dismissed by the Division Bench vide its decision in D.B. Civil Special Appeal No. 141/2002 on 17.10.2002. The Division Bench has agreed with the learned Single Judge that the controversy involved in this case is fully covered by the judgment passed in Pushpalata Thada's case. 6. A review petition against the said judgment has also been dismissed by this Court vide its judgment in D.B. Civil Review Petition No. 3/2003, State of Rajasthan v. Sunder Lal Paliwal and another, decided on 27.8.2003. 7. Following the aforesaid decision these two special appeals are hereby dismissed.No orders as to costs.Appeal dismissed. *******