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2004 Supreme(Raj) 1064

K.S.RATHORE, KHEM CHAND SHARMA, ANIL DEV SINGH
State of Rajasthan – Appellant
Versus
Farooq Ahmed – Respondent


Advocates Appeared:
Mohd. Rafiq, Addl. Advocate General with Aslam Khan, for State Harsh Vardhan Nandwana and Sumeet Bishnoi for Bharat Vyas, Addl. Advocate General for Appellants P.S. Asopa, Sr. Advocate with Ajay Rastogi, S.P. Sharma, Man Singh, Sunil Samdariya, Dinesh Yad

Honble SINGH, CJ.–In these batch of appeals, we are required to deal with the following question:

``Whether the period of ad hoc 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 and Another (1), held that service rendered on ad hoc basis will not be counted for grant of selection scale. A Division Bench, however, in State of Rajasthan vs. Uma Shanaker Agarwal & Ors. (2), had distinguished the judgment of the Supreme Court and took the view that the period of ad hoc 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 is how the matters have come up before us.

(3). In o








































































































































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