STATE OF RAJASTHAN Vs. RAJENDRA K. VERMA

JUDGEMENT

(1.) The State of Rajasthan has filed Civil Appeal No. 6433 of 1998 questioning the validity and correctness of the order passed by the Division Bench of the High Court affirming the order of the learned Single Judge, by which direction was given to the appellants to regularise the services of the respondent from the date of his initial appointment and further directing for payment of arrears of pay accordingly along with interest at the rate of 10% per annum. Special Leave Petition (C) No. 20522 of 1998 is filed by the respondent challenging the same order to the extent he is aggrieved i.e. the adverse observations made against him and also ordering for enquiry.

(2.) Having heard the learned counsel for the parties on either side and after perusing the judgment of the learned Single Judge as well as of the Division Bench of the High Court, we are of the view that the findings of fact recorded by the High Court in the light of the respective contentions raised do not need any interference by us in these matters, except to the extent that the regularisation of services of the respondent, as ordered by the High Court, from the date of his initial appointment and payment of interest at the rate of 10% of arrears of salary need to be modified. As per government order dated 15.3.1978 (Annexure P-5), it appears to us that the respondent was entitled to regularisation from the date he passed the speed test for stenography and typing, which test he passed on 7.11.1978. Para 2 of the said government order reads:

(3.) Having regard to para 2 of the government order extracted above, we think that the respondent is entitled to regularisation only from 7.11.1978 and not from the date of his initial appointment.