STATE OF RAJASTHAN Vs. PRABHU LAL MEGHWAL

JUDGEMENT

(1.) THERE is delay of 351 days in filing the appeal. For the reasons mentioned in the application under Section 5 of the Limitation Act, supported by affidavit, delay of 351 days is condoned. I.A. No. 18665/2009 is disposed of. Admit.

(2.) HEARD finally with the consent of learned counsel for the parties. Question involved in the instant appeal is with respect to postponement of date of grant of selection scale to the respondent admissible under the Circular dated 25.01.1992 on completion of 9, 18 and 27 years services respectively as the case may be. The respondent was imposed penalty of censure. Single Bench has granted relief on the basis of decision rendered by Division of this Court in Devi Singh Vs. State of Rajasthan & Ors. 2004 WLC(Raj.) UC, 327. Thereafter, the matter has travelled to Apex Court and the decision of Devi Singh (supra) has been held not to be good in law. The Apex Court in State of Rajasthan & Ors. vs. Shankar Lal Parmar [Civil Appeal No.8404/2011] decided on 30.09.2011 along with other connected cases has laid down thus: