JUDGMENT 1. - The petitioner appellant has filed S.B. C. Writ Petition No. 3188/1993 with the prayer to accord the petitioner promotion to the post of Mechanical Supervisor w.e.f. January, 1983, and fixation of pay in the grade and pay-scale of Mechanical supervisor from 1983. It was also prayed in the alternative that the respondents be directed to accord benefit of the notification dated 25.1.92 and petitioner be given third Selection Grade by applying formula of 9 years, 18 years and 27 years service. 2. The prayer for promotion with effect from 1983 has been rejected by the learned Single Judge on the ground of laches and observing that the petitioner was agitating his claim before the concerned authorities since 1983, and no relief was granted. Yet, he has not approached this Court for almost ten years. In the facts and circumstances of the case, it is clear that the petitioner himself did not choose to approach the court for long 10 years from the date of alleged infringement of his right of promotion to the post of Mechanical Supervisor and filed the writ petition, only after his retirement. 3. The petition has been filed only in 1993 after 10 years of accrual of claim to promotion in 1983, therefore, the prayer for giving promotion w.e.f. 19, 3 has rightly been rejected on the ground of laches. The prayer of extending benefit of notification dated 25.1.92 has been rejected solely on the ground that the petitioner was engaged as work-charge employee and has not become a regular employee, so he is not entitled to the benefit of Notification dated 25.1.92, because the prayer of extending benefit of selection grade can be awarded only to the permanent employees, under the said Notification. Such benefit to work-charged employees was extended only after the retirement of the petitioner which also cannot be extended to the petitioner because he was not in employment when said Notification car e into being. 4. Though, the petitioner has not made clear assertion in the petition that he is permanent employee but he has placed on the record of the writ petition Annexure- 6 clearly stating therein that he has been made regular in 1972 and he is retiring on 31st January 1992, he may be given benefit of s Notification dated 25.1.92 which has come into force before his retirement. In the appeal he has furnished an additional affidavit along with orders issued by respondents in this regard on 6.4.78 making the petitioner regular and permanent employee w.e.f. 1.9.72 on completion of 10 years service in Workcharge Establishment under the Work Charge Rules. Petitioner appellant Mohan Lars name finds place at item No. 7 in Annexure A-2 dated 6.4.78 issued by Superintending Engineer, Irrigation Circle,. Udaipur. He has also placed on record subsequent fixation and regular fixation by order dated 14.3.90. 5. Along with this material showing that he was a regular employee when the Notification dated 25.1.92 came in force, he was a regular and permanent employee on 25.1.1992. He has also placed on record the case of one Gulab Singh who was made regular employee from work charge employee along with the petitioner on 10.4.78 with effect from 1.9.72 and he has been given benefit of Notification dated 25.1.92 by the order dated 17.5.97. Thus, the benefit to a person similarly situated has been extended to a person as late as in 1997 that is to say 4 years after petitioner has filed writ petition. 6. In the aforesaid circumstances, it is apparent that the petitioner has been wrongly denied the benefit of selection grades under the Notification dated 25.1,92 on the ground that he was not a regular employee on the date of notification dated 25.1.92 when in fact the petitioner was a regular employee on the date when notification came into operation and he retired only thereafter. 7. Accordingly, the appeal is allowed and judgment under appeal is set aside to the extent it denies the relief to the petitioner as claimed for selection grade under the Notification dated 25.1.92 and partly Mow the writ petition by directing the respondents to give benefit of the selection grade as per Notification dated 25.1.92 within a period of 3 months from the date the writ is received by respondents or certified copy of this order is placed before them, whichever is earlier. If the benefit is not extended to the petitioner within a period of 3 months then respondents shall further pay interest at the rate of 9% p.a. with effect from the date of filing of the writ petition till the date of payment on the amount which becomes payable to the petitioner as a result of grant of selection grade/grades in terms of Notification dated 25.1.92. 8. As a consequence of grant of selection grade the petitioner's last drawn pay as on the date shall also be modified and entire retiral benefits as a consequence of grant of selection scale be also determined or paid to the petitioner within six months subject to condition of payment of interest on such arrears @ 9% p.a. if the same are not paid within 6 months.No order as to costs.Appeal allowed by partly alloweing writ petition. *******