TARA CHAND SAGATRAMANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has filed the writ petition sometime in the year 2017 with the following prayer:-

(2.) The succinct facts first as pleaded in the petition are:

(3.) Petitioner was appointed on temporary basis on the post of Civil Assistant Surgeon ('CAS') and was working on the said post till 25/3/1979. He had taken leave due to unforeseeable circumstances from 26/3/1979 to 15/10/1979. Subsequently, on 26/3/1981, the petitioner was selected by R.P.S.C. 3.1 On 30/5/2013, the petitioner filed an appeal before the Rajasthan Civil Service Appellate Tribunal vide Appeal No. 111/2003 claiming that his earlier services to be treated as a part of his regular service as well as service rendered by the petitioner from 10/2/1976 to 15/10/1979 be included while calculating the annual grade increment of the petitioner and increment be granted by calculating initial date of appointment of the petitioner as 10/2/1976. The appeal was allowed by the Tribunal vide order dtd. 30/5/2013 with the direction to the respondents that the services rendered by the petitioner on temporary basis from 26/3/1979 to 15/10/1979 be treated as regular and payment be made accordingly. 3.2 It was further directed that the services rendered from 10/2/1976 to 15/10/1976 on temporary basis be also counted while granting annual grade increment and his salary be fixed in the revised pay scale with all consequential benefits within three months. 3.3 Aggrieved with the order dtd. 30/5/2013, the State Government preferred SBCWP No. 5192/2014 before this Court and the same was dismissed in default in compliance of the Court's order dtd. 12/5/2016. Therefore, the order passed by the learned Tribunal dtd. 30/5/2013 had attained finality and no efforts have been made by the State Government to pursue the writ petition and therefore, rights have accrued in favour of the petitioner. 3.4 On 17/1/2017, the petitioner served a legal notice to the concerned authority with a prayer to comply with the order dtd. 30/5/2013 passed by the learned Tribunal. However, till date, no compliance has been made by the respondents. Hence, the present writ petition.