SANDEEP MEHTA,J. - (1.) These two review petitions have been preferred by the State of Rajasthan seeking review of the common order dated 12.08.2016 passed by this Court in SBCWP No.4425/2013 (Roop Giri v. State of Rajasthan and Ors .) and SBCWP No.12610/2013 (Smt. Laxmi Beniwal v. State of Rajasthan and Ors .)
(2.) The judgment in the case of Smt. Laxmi Beniwal was assailed by State of Rajasthan by filing DBSAW No.126/2017 : State of Rajasthan and Ors. v. Laxmi Beniwal which was decided by Hon'ble Division Bench of this Court vide order dated 22.02.2017 as follows: "1. Learned Counsel for the appellant submits that the order of the learned Single Judge is clearly contrary to sub-rule (4) of the Rule 19 of the Rajasthan Civil Services (Revised Pay), Rules, 2008 (hereinafter referred to as 'the Rules of 2008') which provides as under:- 19. Scheme of Assured Career Progression.- In lieu of selection grades the scheme of Assured Career Progression (ACP) with three financial up gradations shall be allowed as under:- (1) The Scheme will be available to all posts in class IV, ministerial, subordinate services and those holding isolated posts and drawing pay in the Rajasthan Civil Services (Revised Pay) Rules, 2008 upto grade pay of Rs. 4200 excluding State services. (2) Benefit of pay fixation available at the time of normal promotion shall be allowed at the time of financial up gradations under the scheme. (3) The grade pay shall change at the time of financial up gradation under this scheme. The grade pay given at the time of financial up gradations under ACPs will be the immediate next higher grade pay in the hierarchy of running pay bands and grade pay being prescribed. Thus, grade pay at the time of financial up gradation under ACPs can, in certain cases where regular promotion is between two successive grades be different than what is available at the time of regular promotion. In such cases, the higher grade pay attached to the next promotion post in the hierarchy of the concerned cadre/organization will be given only at the time or regular promotion. (4) Financial up gradation under the scheme will be available whenever a person has spent [9 years] continuous regular service in the same grade pay. However, more than three financial up gradations shall be given in the entire career. (5) Existing Government servants who have already availed benefit of three selection grades will be eligible for the grant of ACP. Those Government servants who have availed benefit of one selection grade/one promotion will be eligible for second and third ACP on completion of 18 and 27 years of regular service, respectively. Similarly those Government servants who have availed benefit of two selection grades/two promotions/one promotion and one selection grade as the case may be will be eligible for third ACP on completion of 27 years of regular service. (6) The authority competent to make appointment on the post held by the government servant shall be competent to grant ACP. (7). In the case of Government servants who become eligible for ACP on completion of requisite period of service while drawing pay in the Grade Pay of Rs. 4800/- in the running pay band PB-2 '9300-34800' shall be granted ACP in the grade pay of Rs. 5400/- in the running pay band PB-2 '9300-34800'. 2. In our opinion since the aforesaid rule is referred either in the affidavit and reply nor any contention is there with regard to Rule 11 or Rule 19 during the course of hearing before the learned Single Judge, we are inclined to consider it in the appeal. 3. Counsel for the appellants seeks permission to withdraw the appeal with liberty to move an application before the learned Single Judge by way of review application. 4. The liberty is therefore, granted. Appellant permitted to withdraw the present appeal, with leave to file review. 5. If the review is preferred, the same will be considered on merit and the time which has been taken for filing this appeal will be taken into consideration by the learned Single Judge for considering the review on merits."
(3.) While remanding the matter, the Hon'ble Division Bench has directed the Court to consider the review petition on merits while condoning the delay. Thus, the application for condonation of delay filed under Section 5 of Limitation Act is allowed and the delay occasioned in filing these review petitions is condoned.;