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2022 Supreme(SC) 937

INDIRA BANERJEE, J. K. MAHESHWARI
State of Rajasthan – Appellant
Versus
O. P. Gupta – Respondent


Advocates appeared:
For the Petitioner(s): Dr. Manish Singhvi, Sr. Adv. Mr. B.S. Rajesh Agrajit, Adv. Ms. Jyoti Rana, Adv. Ms. Priya Nagar, Adv. Mr. Vikalp Sharma, Adv. Mr. Arpit Prakash, Adv. Mr. D. K. Devesh, AOR
For the Respondent(s): Ms. Archana Pathak Dave, AOR Mr. Avnish Dave, Adv. Ms. Vanya Gupta, Adv. Mr. Parmod Kumar Vishnoi, Adv. Mr. Akshat Sharma, Adv.

JUDGMENT :

INDIRA BANERJEE, J.

1. Delay Condoned.

2. This Special Leave Petition has been filed challenging the final judgment and order dated 28th November 2019, in D.B. Special Appeal Writ No. 443 of 2018 passed by the High Court of Judicature for Rajasthan Bench at Jaipur, whereby the High Court dismissed the Writ Appeal filed by the Petitioners and upheld the judgment of the Single Bench dated 5th May 2017 in S.B. Civil Writ Petition No. 5879 of 2009, whereby the Single Judge had allowed the Writ Petition filed by the Respondent.

3. The Respondent was initially appointed as an Assistant Charge Man in the Rajasthan Agriculture Engineering Board, Department of Agriculture, Government of Rajasthan w.e.f. 13th January 1967.

4. The Engineering Board was subsequently merged with the Rajasthan State Agro Industry Corporation. Accordingly, the services of the Respondent were transferred to the Rajasthan State Agro Industry Corporation vide transfer order dated 8th July 1970, on the same pay scale. He worked with Rajasthan State Agro Industry Corporation continuously till 12th April 1977.

5. Pursuant to an advertisement dated 16th June 1976 issued by the Rajasthan Public Service Commission (h

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