SWAROOP KRISHNA AGRAWAL Vs. STATE & ORS.

JUDGEMENT

(1.) Since common question is involved in both the writ petitions, hence are being decided by present order.

(2.) Question arises for consideration is as to whether if an Officer was in service on the date from which benefit of selection scale has to be granted, but denied from right of consideration on the premise of he being not in service/retired on the date, the post in selection scale having become available?

(3.) Petitioner (Swaroop Krishna Agrawal), as alleged, joined service on having become member of Rajasthan Judicial Service in May, 1970; and was promoted to the post of Additional District Judge in May, 1985 and was given rank of District Judge vide order dt. 11/08/1987 and while holding the post of District Judge, took voluntary retirement w.e.f. 16/11/1997 on having become a judicial member of Central Administrative Tribunal, where from he finally retired.