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2023 Supreme(Raj) 1736

ASHOK KUMAR GAUR, ASHUTOSH KUMAR
Chief Engineer Irrigation Department – Appellant
Versus
Mohammad Jaffar – Respondent


Advocate Appeared:
For the Appellants :Ms. Sheetal Mirdha, AAG with Mr. Prateek Singh, Advocate.
For the Respondents:Ms. Nidhi Sharma on behalf of Mr. Kailash Chander Sharma, Advocates.

ORDER :

This intra-court appeal has been filed by the appellant-State challenging the order dated 22.10.2018 passed by learned Single Judge wherein he upheld the order dated 18.04.2017 passed by Rajasthan Civil Services Appellate Tribunal, Jaipur.

2. Ms. Sheetal Mirdha - learned AAG submits that the impugned order passed by learned Single Judge has been passed while ignoring the applicability of circular dated 04.03.1998 as the same was made applicable w.e.f. 01.01.1998 and the respondent-employee had already superannuated on 28.02.1997.

3. Learned AAG submitted that the grievance raised by the respondent-employee was in respect of not granting the benefit of selection scale on completion of 9-18-27 years of service as per the circular dated 25.01.1992.

4. Learned AAG submitted that initially the appeal filed by the respondent-employee was dismissed by the Tribunal vide order dated 09.01.2004, however on writ petition being filed before this Court, the High Court vide order dated 24.11.2005 had set aside the order of the Tribunal dated 09.01.2004 and had remanded the matter back to the Tribunal to decide the appeal afresh.

5. Learned AAG submitted that the respondent-employee was initia

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