(1.) THIS legal battle was launched at the behest of a compulsorily retired judicial officer for assailing the impugned order dated 31st of March 2010 (An- nex.9), and after his unfortunate demise in Ut- trakhand Gory Tragedy, is pursued by his legal representatives.
(2.) SCORNING the checkered history of the case, the brief facts giving rise to this litigation are that at the threshold of his judicial career, the petitioner was appointed as Munsif & Judicial Magistrate vide order dated 16th of July 1980 under Rule 21 of the Rajasthan Judicial Service Rules 1955 (for brevity, hereinafter referred to as 'the Rules of 1955'). Pursuant to order dated 16th July 1980, the peti- tioner joined his duties on 29th of July 1980 and was made substantive on the post of Munsif & Ju- dicial Magistrate vide order dated 11th April 1983 w.e.f. 29th of July 1982. Thereafter, the petitioner was promoted to the post of Civil Judge cum Addi- tional Chief Judicial Magistrate in the RJS cadre vide order dated 26th May 1993. However, subse- quently, the date of grant of selection scale was altered and made effective from an anterior date i.e. 7th September 1992 vide order dated 6th Au- gust 2001. In adherence of the Resolution of the Full Court, the petitioner was allowed Selection Scale in RJS Cadre w.e.f. 11th May 1994, followed by Super Time Scale in RJS cadre w.e.f. 4th of April 1998 on the basis of merit vide order dated 25th of June 1999.
(3.) IT is, inter-alia, pleaded in the writ petition that on