JUDGMENT :

SANDEEP MEHTA, J.

1. The instant intra-court appeal has been preferred by the State of Rajasthan for assailing the order dated 20.08.2008 passed by learned Single Bench of this Court whereby Writ Petition No. 4994/2005 preferred by the respondent Parasmal Mali S/o Shri Achla Ram was accepted and the appellants were directed to allow the respondent to join duty as Gram Sewak in pursuance of the order dated 31.03.2001 and to grant him all consequential benefits of seniority, fixation of pay etc. on notional basis without back wages.

2. Brief facts relevant and essential for disposal of the instant appeal are noted herein-below:

The respondent Parasmal was engaged as an Octroi Collector (Chungi Nakedar) purely on temporary basis by the Panchayat Samdari between the years 1995 to 1997. Subsequently, the octroi duty was abolished and accordingly, the respondent was not continued on daily wages. Being aggrieved with the dispensation of his engagement, the respondent-writ petitioner approached this Court by filing a writ petition No. 2591/2003 for assailing the action of the respondents. The writ petition was disposed off by order dated 06.08.2004 directing the respondents to consi