The suit instituted by the respondent was barred by limitation, and the respondent failed to meet the basic requirements for the Selection Grade.

ORDER

1 Leave granted.

2 This appeal arises from a judgment of a Single Judge of the Rajasthan High Court at the Jaipur Bench in SB Civil Second Appeal No 282 of 2017.

3 The respondent was appointed on the post of Conductor by the Regional Manager of the appellant at Bikaner. On 25 January 1992, the Finance Department of the Government of Rajasthan issued an Office Order in regard to the grant of the benefit of the first, second and third Selection Grades to employees on completing 9, 18 and 27 years of service respectively. The Office Order of 25 January 1992 was made applicable to the appellant. On 4January 2003, the respondent was compulsorily retired from service. During the tenure of his service, the respondent was served with as many as 19 charge-sheets in pursuance of which he was subject to departmental penalties.

4 The respondent instituted a suit in 2010, nearly seven years after his compulsory retirement seeking the benefit of Selection Grade on the completion of 9, 18 and 27 years of service. The Additional Civil Judge (Junior Division) decreed the suit partially on 26 March 2012 by directing that the respondent shall be entitled to the grant of Selection Grade from 25 January 1992 on the completion of 9 years of service and the second Selection Grade pay scale from 7 January 2002 on the completion of 18 years of service. The appeal against the judgment of the trial Judge was dismissed by the First Appellate Court on 21 January 2017, and eventually, the High Court by its judgment dated 7 August 2018 dismissed the Second Appeal.

5 During the course of the hearing, two submissions have been urged by Dr Charu Mathur, learned counsel who appears on behalf of the appellant. Firstly, it has been submitted that the suit which was instituted in 2010, nearly 7 years after the respondent had retired was barred by limitation. Secondly, it has been submitted that in order to avail of the benefit of the Selection Grade, the employee was required to have a clean record of service. In the present case, it has been stated that the respondent was served with as many as 19 charge-sheets and penalties. A tabulated statement of the disciplinary penalties imposed on the respondent has been placed on the record and is extracted below: