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2004 Supreme(Raj) 978

K.S.RATHORE, K.C.SHARMA
State of Rajasthan – Appellant
Versus
Farooq Ahmed – Respondent


Advocates Appeared:
Mr. Mohd Rafiq, Additional Advocate General, for the State with Mr. Aslam Khan, Mr. Harsh
Vardhan Nandwana and Mr. Sumeet Bishnoi, for Mr. Bharat Vyas, Additional Advocate General,
for the Appellants.
Mr. P.S. Asopa, Senior Advocate with Mr. Ajay Rastogi, Mr. S.P. Sharma, Mr. Man Singh, Mr.
Sunil Samdariya, Mr. Dinesh Yadev, Mr. M.K. Sharma, Mr. Saurabh Purohit, Mr. P.C. Swami,
Mr. Rajveer Sharma, Mr. Sweeti Mishra, Mr. Anupama Parashar, Mr. Ashok Joshi, Mr. V.K.
Mathur, Mr. S.L. Songara and Mr. M.C. Jain, for the Respondents.
Mr. Alok Sharma, for the Respondent No. 8.
Mr. Virendra Dangi, Counsel, for the Respondents.
Mr. Manish Bhandari, Counsel to Assist the Court.

Judgment

Anil Dev Singh, C.J.-In these batch of appeals, we are required to deal with the following question:-

"Whether the period of adhoc service rendered by an employee should be calculated for the purpose of granting selection scale on completion of 9, 18 and 27 years of service or whether such service rendered prior to the date of regular appointment should not be counted?"

2. The Supreme Court in State of Haryana vs. Haryana Veterinary & AHTS Association & Anr., 2000 (8) SCC 4, held that service rendered on adhoc basis will not be counted for grant of selection scale. A Division Bench, however, in State of Rajasthan vs. Uma Shankar Agarwal & Ors., D.B. Civil Special Appeal No.1142/2002, had distinguished the Judgment of the Supreme Court and took the view that the period of adhoc service rendered by an employee should be counted for the purpose of granting him selection scale. This view was taken on the ground that the Haryana Rules, on the basis of which AHTS case was decided by the Supreme Court were different than the rules with which we are concerned. Two of us doubting the correctness of the view of the earlier Division Bench referred the matters to the Full Bench. This i






































































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