- (1.) There is delay of 83 days in filing the appeal. For the reasons mentioned in the application under Section 5 of the Limitation Act, supported by affidavit, delay of 83 days is condoned. I.A. No. 11300/2009 is disposed of.
(2.) Learned counsel for parties conceded that present appeal is covered by the decision of this court rendered in D.B.Civil Special Appeal(Writ) No. 2645 of 2011 (State of Rajasthan and ors vs Prabhu Lal Meghwal) decided on 5.7.2012, therefore, the present appeal may be disposed of in the light of that judgment. The following order was passed in the aforesaid connected appeal. "Question involved in the instant appeal is with respect to postponement of date of grant of selection scale to the respondent admissible under the Circular dated 25.01.1992 on completion of 9, 18 and 27 years services respectively as the case may be. The respondent was imposed penalty of censure. Single Bench has granted relief on the basis of decision rendered by Division of this Court in Devi Singh Vs. State of Rajasthan & Ors., 2004 WLC(Raj) 327. Thereafter, the matter has travelled to Apex Court and the decision of Devi Singh has been held not to be good in law. The Apex Court in State of Rajasthan & Ors. vs. Shankar Lal Parmar [Civil Appeal No.8404/2011] decided on 30.09.2011 along with other connected cases has laid down thus: "23. Thus, in our opinion, there is a basic and fundamental difference between the two categories of the employees. Appellant-State was fully justified in issuing the subsequent office order/ letter dated 24.07.1995, putting all controversies at rest. We do not find that any case of discrimination has been made out against the Respondents/ Employees. Subsequent Office Order/ letter cannot be said to be illegal, arbitrary, unconstitutional or without authority of law. We find merit in the arguments advanced by Dr. Manish Singhvi, Advocate for the Appellants and thus, have no hesitation in allowing these Appeals. It is also pertinent to mention here that Respondents/ Employees had not challenged the subsequent Office Order/ letter dated 24.07.1995, as being illegal, unconstitutional, arbitrary or without jurisdiction. As long as this Office Order/ letter holds good, it is to be implemented in the same manner and spirit in which it was issued. 24. In the light of the foregoing discussion, we are of the considered opinion that the impugned orders passed by the learned Judges of the Division Benches cannot be sustained in law. Hence, the same are hereby set aside and quashed. However, looking into the controversies which have been there in the State of Rajasthan since 1992, we deem it fit and proper to pass the following orders: (i) The Appellant-State would not be entitled to recover financial benefits already extended to the employees, pursuant to the first office order issued by Appellant on 25.01.1992. (ii) The Appellant would not also be entitled to recover any amount which might have been paid to the employees even after issuance of the second clarificatory office Order/ letter dated 24.07.1995 as according to us, recovery of such amount would cause great hardships to the employees. (iii) The employees who have earned censure in the past years for their service record will not be entitled to be granted 'Selection Grade' alongwith those who have a clean and unblemished record. They would be granted 'Selection Grade' only one year thereafter. (iv) Any employee who has been promoted before the said period would not be entitled for the grant of 'Selection Grade'."
(3.) It is submitted by learned counsel for the respondent that State Government has taken the decision not to take away the benefit, which has already been granted, by issuing different circulars. In such circumstances, impugned order cannot be allowed to be sustained and the same is set aside. We direct the appellants to consider the decision rendered by the Apex Court in State of Rajasthan & Ors. vs. Shankar Lal Parmar as well as circulars issued by the State Government and take a decision in accordance with law within a period of three months.";