- (1.) Challenge in the instant intra court appeal is to the order dated 2nd March, 2009, whereby the learned Single Judge allowed the writ petition of the petitioner-respondent no.1 and held him entitled to the benefit of selection scale with effect from 25th January, 1992, the date on which the selection scale became due to the petitioner-respondent no.1.
(2.) Shorn of unnecessary details, the facts giving rise to this appeal, succinctly stated are that the petitioner-respondent no.1, having educational qualification of M.A., B.Ed. Was initially appointed on the post of Teacher Grade-III on 6th October, 1977 in Gyan Jyoti Senior Higher Secondary School, Sri Karanpur, District Sri Ganganagar. Thereafter he was promoted to the post of Teacher Grade-II vide order dated 26th May, 1992 subject to the production of original certificate of I.G.D. (Intermediate Grade Drawing) Examination. The appellant submitted a representation to the appellant-Managing Committee of Gyanjyoti School stating that he was having the requisite qualification of M.A., B.Ed., but the condition of producing the original certificate of I.G.D. Was uncalled for. Despite that the appellant-respondent no.2 cancelled his promotion order dated 26th May, 1992 vide order dated 10th July, 1992 merely on the ground that he had failed to produce the original certificate of I.G.D. examination. The petitioner-respondent no.2 reiteratedly stated before the appellant that the certificate of IGD for promotion on the post of Teacher Grade-II was not at all required and yet, arbitrarily, he was reverted to the post of Teacher Grade-III.The appellant-respondent no.2 also did not grant the selection scale to the petitioner-respondent no.1. The petitioner-respondent no.1 submitted an application before the Rajasthan Non Government Educational Institutions Tribunal (here-in-after to be referred to for short as Tribunal ) against reversion order and for providing benefit of selection pay-scales after completion of 9, 18 and 27 years of service under Circular dated 25.1.1992 issued by the State Government. The Tribunal allowed the prayer of providing the benefit of selection pay-scale, but declined to grant the arrears of selection pay scale with effect from the date of entitlement and further declined to provide the benefit of promotion on the post of Teacher Grade-II. Aggrieved with the said order of the Tribunal, the petitioner-respondent no.1 filed a writ petition in the High Court, which was decided by the learned Single Judge in his favour. Dissatisfied with the order of the learned Single Judge, the appellant has preferred this intra-court appeal after 703 days of the expiry of period of limitation.
(3.) The appellant is found to have filed an application under Section 5 of Limitation Act, whereby he has beseeched to condone the delay of 703 days in filing the instant appeal.;