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[2026:RJ-JD:14704-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

D.B. Spl. Appl. Writ No. 37/2026

1. The Chief Engineer, Administration, Public Health And Engineer Department, Government Of Rajasthan Jaipur,

Rajasthan.

2. The Superintendent Engineer, Public Health And Engineer Department, Circle- Jhunjhunu, Jhunjhunu, Rajasthan.

3. The Assistant Engineer, Public Health And Engineer Department, Sub Div-Nawalgarh, Jhunjhunu, Rajasthan.

----Appellants Versus

Shiv Ram Saini S/o Shri Mohan Lal Saini, R/o Chopdaro Ki Dhani,nawalgarh, Dist- Jhunjhunu, Rajasthan.

----Respondent

For Appellant(s) : Mr. Sajjan Singh Rathore, AAG with Ms. Mehali Mehta

For Respondent(s) :

HON'BLE MR. JUSTICE ARUN MONGA HON'BLE MR. JUSTICE SUNIL BENIWAL

Order(Oral)

30/03/2026

Per: Arun Monga, J

1. Applicants seek condonation of delay of 299 days in filing the accompanied appeal. For the reasons stated hereinafter, this is not a fit case where discretion to condone the delay ought to be

exercised.

2. The appeal is directed against the judgment/order dated 09.09.2024 in S.B. Civil Writ Petition No. 10637/2024 passed by learned Single Judge whereby the court upheld the Tribunal’s order granting the respondent the third selection scale based on

(Uploaded on 10/04/2026 at 05:08:25 PM)

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[2026:RJ-JD:14704-DB] (2 of 8) [SAW-37/2026] the finalized judgment rendered by learned Single Judge in Sohan

Lal Mathur Vs. State of Rajasthan¹

3. The explanation for seeking condonation is totally mechanical and there seems to be no application of mind. No specific details or day to day explanation have been given as to why the matter

remained pending.

4. For ready reference paras No.1 to 8 of the application are as

below:

“1. That, in brief, the relevant facts of the present special appeal are that the respondent preferred an application before the Rajasthan Civil Service Appellate Tribunal, Jodhpur, inter alia raising the precise issue regarding grant of selection scale on completion of 27 years of service in the pay scale of Rs. 9300–34800, with grade pay of Rs. 3200, from the date of completion of 27 years in service till 01.07.2013. It was further averred in the said application that the case of the petitioner is similar to the controversy settled in the case of Sohan Lal Mathur [Sohan Lal Mathur vs. State of Rajasthan & Ors.: S.B. Civil Writ Petition No. 3631/2008, decided on 17.11.2008, which has been affirmed by the Apex Court in SLP (Civil)

No. 14932/2012].

2. That the said application was listed before the learned Rajasthan Civil Service Appellate Tribunal on 27.02.2020, when the learned Tribunal was pleased to allow the application so filed by the respondent/applicant and

passed the order dated 27.02.2020.

3. That, being aggrieved by the order of the learned Tribunal, the appellants herein preferred a writ petition, being S.B. Civil Writ Petition

No. 10637/2024, before the Hon’ble Single Judge on various grounds.

4. That thereafter, the department, vide letter dated 29.06.2024, resolved to file an appeal before this Hon’ble Court; however, vide letter dated 24.10.2024, the learned Additional Advocate General gave his opinion

that the appeal should not be preferred.

5. That the matter/file was appraised to the Administrative Department. Thereafter, the matter was forwarded to the Standing Committee and was placed before the Committee on 20.11.2024, wherein a decision was taken to file an appeal against the impugned order dated 17.04.2025. Further, after the recommendation to file an appeal against the impugned

judgment, the matter was forwarded to the Administrative Department.

6. That thereafter, the file was sent by the Administrative Department, along with the decision to file the Special Appeal (Writ) against the impugned order, to the Chief Engineer Project, Jodhpur, for doing the

needful, and the same was received on 15.05.2025.

7. That thereafter, an order dated 02.06.2025 came to be issued by the office of the Chief Engineer Admin