Veerender Singh Siradhana, J. - (1.) The State -petitioners are aggrieved of the order dated 11th December, 2002, passed by the Rajasthan Civil Services Appellate Tribunal, at Jaipur (for short 'the Tribunal'), upholding the claim of the respondent -employee for benefit of selection scale from the date of her initial appointment i.e. 30th November, 1987, on completion of ten years of service, and therefore, have assailed the legality, validity and correctness of the impugned order dated 11th December, 2002, praying for the following relief(s): - - "[i] by an appropriate writ, order or direction the impugned order dated 11.12.2012 [Annexure -4] passed by the learned Rajasthan Civil Services Appellate Tribunal in Appeal No. 192/2004 may kindly be held illegal, arbitrary, perverse and unconstitutional, and, therefore, the same may kindly be quashed and set aside and the appeal of the respondent -appellant may kindly be dismissed. [ii] Any other writ, order or direction which the Hon'ble Court deems fit and proper in the facts and circumstances of the case, the same may kindly be passed in favour of the humble petitioners. [iii] Cost of the writ petition may kindly be awarded in favour of the petitioners."
(2.) Briefly, the skeletal material facts necessary for appreciation of the controversy raised herein needs to be first noticed. The respondent -employee (Smt. Indu Sharma), was initially appointed as Teacher Grade -II vide order dated 23rd December, 1986. She was further promoted to the post of Lecturer (Chemistry) [School Education] vide order dated 30th November, 1987, purely on ad hoc/temporary basis. The respondent -employee was accorded regular promotion to the post of Lecturer (School Education) by the Departmental Promotion Committee (for short 'D.P.C.') on 20th October, 1996. On an appeal preferred before the Tribunal by the respondent -employee, the State -petitioners have been directed to count the service of ten years, for the benefit of selection scale, from the date the respondent -employee was promoted on ad hoc basis to the post of Lecturer (School Education) i.e. 30th November, 1987.
(3.) Learned counsel appearing on behalf of the State -petitioners, reiterating the pleaded facts and grounds of the writ application, stressed that the respondent -employee was accorded promotion to the post of Lecturer (School Education), purely on ad hoc/temporary basis for a period of one year or till the selected candidates were made available by the DPC or till further orders, whichever is earlier. In support of his submissions, reliance is placed on the opinion of the Hon'ble Supreme Court in the case of State of Rajasthan & Ors. v/s. Jagdish Narain Chaturvedi: : (2009) 12 SCC 49.;