MAHAVEER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) We have heard learned counsel appearing for the appellant.

(2.) The Special Appeal arises out of the judgment dated 01.07.2014, by which the writ petition filed by the appellant, claiming arrears of salary on the post of driver, on which he was allegedly discharging the duties since 1987, was dismissed on the ground that in view of the order dated 28.10.2009, passed in earlier writ petition No.12611/2009, his representation was partly allowed, in compliance with which he was promoted on that post of driver with effect from 23.07.2010.

(3.) Learned Single Judge held that since the petitioner was appointed as Class IV employee under the Rajasthan Recruitment of Dependants of Government Servants (Dying While in Service) Rules, 1975, and he had accepted the appointment, even if he was required to work as driver, he was not entitled to salary on the post of driver until he was promoted on the post of driver by order dated 23.07.2010. Learned Single Judge further observed that the writ petition filed four years after the promotion, claiming the salary from the year 1987 to 2010, was barred by unexplained laches.