MOHAMMAD RAFIQ, J. - (1.) The application under Section 5 of the Limitation Act seeking condonation of delay is allowed for the reasons stated therein. Delay in filing the appeal is condoned.
(2.) This appeal is directed against the judgement of the learned Single Judge dated 6.4.2015 whereby the writ petition filed by the appellant-State of Rajasthan against the judgement of Rajasthan Civil Services Appellate Tribunal dated 20.01.2009 has been dismissed. The Tribunal by the aforesaid judgement has allowed the appeal filed by the respondent holding that he has already been deprived on account of penalty of censure as against the vacancies of the year 1996-97, therefore, he could not be denied benefit of selection scale on completion of 18 and 27 years of service in terms of the Circular of the Government dated 25.1.1992 as the same would amount to double jeopardy.
(3.) Shri Inderjeet Singh, learned Additional Advocate General has assailed the judgement reiterating the same arguments, which he advanced before the learned Single Judge and relied upon the judgment of State of Rajasthan v. Shanker Lal Parmer, 2011 (14) SCC page 235 , wherein it was held that the employee who has earned censure in the past year through service record would not be entitled to selection grade along with those, who have clean and unblemished record and that they would be granted selection grade only one year thereafter.;