V.S. Kokje, J. - (1.) This appeal was admitted on the following substantial questions of law- (1) Whether the learned trial court and the learned first appellate court have usurped the jurisdiction not vested in them and have decided the service matter which exclusively falls in the domain of the Rajasthan Civil Services (Service matters Appellate Tribunals) Act, 1976? (2) Whether the District Ayurvedic Officer, Bhilwara is incompetent to sanction senior grade of the Compounders to Compounder and Nurses Gr. II because sanction of senior grade in Group-B to Compounders and Nurses Gr.II in Group-C amounts to promotion according to the schedule attached to the Rajasthan Ayurvedic Subordinate Service Rules, 1966?
(2.) As regards the jurisdiction of the Civil Court to deal with the matter the learned counsel for the appellant submits that in view of Section 10 of the Rajasthan Civil Services (Service matters Appellate Tribunals) Act, 1976, the Civil Court would have no jurisdiction because the matter squarely falls within the definition of service matters. The learned counsel for the respondent however, submits that since no order was passed cancelling the scale granted, no appeal could have been filed under Section 4 of the Appellate Tribunals Act. The lower courts have taken the view that since no appealable order was passed, it was not possible for the plaintiff to have filed an appeal before the Service Appellate Tribunals. Having gone through the record I also do not find any order specifically cancelling the order Ex.P/2 for the non compliance of which the suit has been filed. There is therefore no force in the contention that the Civil Court had no jurisdiction to entertain the suit.
(3.) As regards the second substantial question of law, it was argued on behalf of the appellant State that the District Ayurvedic Officer, Bhilwara was not competent to sanction senior grade of the Compounders to the plaintiff. The learned counsel for the respondent on the other hand submits that since an order was passed by a Govt. Officer so long as it is not withdrawn or cancelled it has to be implemented and is binding on the Govt. He submits that it is an internal matter for the Govt, to see whether the Officer who passed the order had authority to do so or not and if the Govt, finds that the order was unauthorised it could have cancelled it or withdrawn it by separate order and in that event the plaintiff would have chance to challenge it before Service Appellate Tribunal or could have come up against that order on merits before a Civil Court.;