DEPUTY DIRECTOR (ADMINISTRATION), DIRECTORATE LITERACY AND CONTINUANCE EDUCATION AND ANR Vs. PAWAN KUMAR SHARMA AND ANR

JUDGEMENT

(1.) This appeal is barred by limitation having been filed with delay of 110 days. For stated reasons, delay in filing appeal is condoned and application under Section 5 of Limitation Act is accordingly allowed.

(2.) We have heard matter on merits.

(3.) Shri R.P. Singh, learned Additional Advocate General appearing on behalf of Appellants, has argued that learned Single Judge has erred in law in dismissing writ petition and upholding judgment of Rajasthan Civil Services Appellate Tribunal, Jaipur (for short, 'Tribunal'). It was argued that learned Tribunal failed to appreciate that real controversy in the matter was with regard to computation of service of Respondent-workman rendered by him in District Court with effect from 23.09.1995 to April, 1997. Respondent-workman could not be granted pay protection under Rule 26(1) of Rajasthan Service Rules because in that appointment he was working on temporary basis and that he was never confirmed. He was simply on probation at the time of leaving service.