1. We have heard learned counsel appearing for the appellant and Shri Dharamveer Tholia, Additional Advocate General for the State-respondents.

2. This Special Appeal arises out of the judgment of learned Single Judge dated 07.04.2006, in which a grievance raised with regard to counting the period of service, for grant of selection scale, held that 9 years' period for the first selection grade.

3. The representation filed by the appellant dated 18.03.2005 was disposed of on 07.03.2006, on the premise that he had not completed 9 years of service. Learned Single Judge was of the opinion that since during the pendency of the writ petition, the petitioner had completed 9 years of service, he will be free to make a fresh representation to the competent authority, who may consider and dispose of the same within two months.

4. It is admitted that the fresh representation was not filed, and that, this Special Appeal was preferred, on the ground that learned Single Judge ought to have decided the matter on merits, on the facts before him, as the petitioner's claim was rejected on the earlier representation.

5. It is submitted that the fresh representation would not have served the