STATE OF RAJASTHAN Vs. BARKAT ALI

JUDGEMENT

(1.) THIS petition for writ is preferred to question validity, correctness and propriety of the judgment dated 3.5.2010 passed by the Rajasthan Civil Service Appellate Tribunal, Jaipur, Circuit Bench, Jodhpur in Appeal No.55/2004.

(2.) IN brief, the facts of the case are that the respondent- government servant while working as Assistant Public Prosecutor suffered a penalty of censure under the order dated 13.3.1999. Looking to the penalty aforesaid, the selection grade as required to be given on completion of 9 years of service was not extended to the government servant by the employer for a period of one year i.e. from 22.2.2001 to 22.2.2002. Being aggrieved by the same, an appeal was preferred by the government servant and that came to be accepted by the judgment impugned.

(3.) IN view of the law laid down by the Hon'ble Supreme Court in the case of Shankar Lal Parmar, the judgment impugned passed by the Rajasthan Civil Service Appellate Tribunal, Jaipur is apparently not sustainable, thus, this petition for writ deserves acceptance, accordingly, the same is allowed. The judgment dated 3.5.2010 passed by the Rajasthan Civil Service Appellate Tribunal, Jaipur, Circuit Bench, Jodhpur is quashed. The orders dated 19.9.2003 and 5.3.2004 stands restored. No order as to costs.