- (1.) HEARD Mr.K.K.Bissa, learned counsel for the appellants.
(2.) THIS appeal, to start with, is delayed by 157 days. An application for condonation of delay has been filed by the appellants as well. The facts, briefly stated for the purposes of instant adjudication, are that the services of the respondent no.1, who was originally appointed as Office Assistant with the appellants, were terminated. Being aggrieved, he approached this Court and this Court by judgment and order dated 18.4.1991 passed in Writ Petition No.141/1979 intervened and consequently, he was taken back in service. Contending that meanwhile persons junior to him in the post of Office Assistant had been accorded ad hoc promotion to the higher post of Supervisor and that though similarly placed, he had been denied the benefit, he approached the learned Rajasthan Civil Services Appellate Tribunal (for short "Tribunal"), which by its verdict dated 22.7.2011 rendered in Appeal no.177/2001 allowed the same and directed consideration of his case for promotion to the aforementioned higher post on and from the date on which his juniors had been so promoted. The appellants having unsuccessfully assailed this decision of the learned Tribunal before the learned Single Judge, are in appeal for redress.
(3.) MR .Bissa has urged that as in-fact no incumbent junior to the respondent no.1 while he was in service before his termination had been promoted to the post of Supervisor, direction of the learned Tribunal to promote him on and from any such date, is wholly unsustainable in law and on facts and thus, the learned Single Judge ought to have interfered therewith.;