STATE OF RAJASTHAN Vs. ASHFAQUE HUSSAIN

JUDGEMENT

(1.) HEARD finally with the consent of learned counsel for the parties.

(2.) PETITIONERS have preferred this writ petition challenging the order of the Rajasthan Civil Services Appellate Tribunal, Rajasthan, Jaipur (for short 'the Tribunal') dated 14.03.2011, whereby appeal of respondent No.1 Ashfaque Hussain, has been allowed and the Department has been directed to reconvene review D.P.C. for considering the case of respondent No.1 on merit against vacant post of the year 1997-98 and in case, he is found meritorious on merit, then to promote him against the vacant post of the year 1997-98, with all consequential benefits.

(3.) SO far as factual aspect of the matter is concerned, same has not been disputed by the learned counsel for the petitioners also that out of 7 years relevant APRs', respondent No.1 had been awarded 'outstanding' or 'very good' remarks in 5 years, which was the requirement for granting selection scale in R.A.S. Cadre. Since respondent No.1 was also meritorious, therefore, there was no reason for ignoring the claim of respondent No.1 for grant of selection scale to him against the year 1997-98.