Rajasthan State Road Transport Corporation v. Manna Lal Sharma
2015-03-26
AJIT SINGH, SUNIL AMBWANI
body2015
DigiLaw.ai
JUDGMENT : 1. This Special Appeal is reported to be time barred by 75 days. 2. The delay has been satisfactorily explained, is thus, condoned. The application for condonation of delay is allowed. 3. We have heard learned counsel for the parties. 4. It is submitted by learned counsel appearing for the appellants that the benefit of the selection grades, on completion of 9, 18 & 27 years, in accordance with the statutory Rules, was not applicable to the respondent, as he was reinstated by a decree of the court. 5. Learned Single Judge has found that under the decree of the civil court, the dismissal order dated 09.07.1982, was declared to be illegal and ineffective, with further direction that the petitioner shall be deemed to have continued in service, throughout, with all consequential benefits. The decree removed the effect of dismissal, and allowed the respondent, with benefit of continuity. The benefit of selection grades on completion of 9, 18 & 27 years of service thus, could not be denied to the respondent. 6. We do not find any legal error in the judgment to interefere. 7. A prayer has been made, in the end, by learned counsel appearing for the appellants, to allow reasonable time to implement the judgment, and to set aside the directions for payment of interest. 8. We do not find any good ground to allow the appeal, so far as the interest is concerned, inasmuch the benefit was denied to the respondent, despite the statutory right conferred on him, and further, that the interest is very reasonable. So far as implementation of the order is concerned, we allow the appellants, considering the financial difficulty allegedly faced by the Corporation, a further period of six months, to comply with the directions issued in the judgment. 9. The Special Appeal is dismissed, with the aforesaid observations.