KAMAL KISHORE JOSHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant petition has been filed by the petitioners against the order dtd. 24. 3. 2004 (Annex. 1) passed by the learned Rajasthan Civil Services Appellate Tribunal (hereinafter referred to as `the Tribunal' ).

(2.) THE main contention of the petitioner is that the petitioner was initially appointed as LDC vide order dated 18. 1. 1989 and he joined the duties on 21. 1. 1989. THErefore, the petitioner passed the efficiency test vide order dated 4. 3. 1993.

(3.) THE learned counsel for the petitioner submits that learned Tribunal has committed serious error in rejecting the appeal filed by the petitioner on the ground of delay as denial of selection grade to the petitioner from the date of his initial appointment is a recurring cause of action as the petitioner is denied of the benefit of grant of selection grade every month on receipt of the lower salary. If he had been granted selection grade while counting his services from the date of initial appointment, he would have not higher salary than the present one. However, the learned Tribunal has not considered this aspect of the matter in correct prospective. Accordingly, the impugned judgment deserves to be quashed and set-aside.