STATE OF RAJASTHAN Vs. MANGA RAM SHARMA

JUDGEMENT

(1.) Heard learned counsel for the appellant. This appeal is barred by 264 days.

(2.) Application under Section 5 of Indian Limitation Act has been moved explaining the reason for delay in filing the appeal. We find that no reason much less sufficient cause has been shown which could have prevented the appellant from filing the appeal within limitation.

(3.) Moreover, the issue raised in this appeal has been concluded by the Full Bench decision of this Court and, therefore, the appeal does not have merit. The respondent, who was temporarily appointed on 18.6.1980 on work charged establishment which is governed by the provisions of Work Charged Establishment Rules, 1964 framed under proviso to Article 309 of the Constitution. While continuing on the post of Store Munshi, 20% posts of Store Munshies were converted into Lower Divisional Clerks which are governed by the Rajasthan Subordinate Offices (Ministerial Staff) Rules, 1957. Against so converted posts, the petitioner was absorbed as Lower Divisional Clerk while continuing as Store Munshi. The pay scale of Store Munshi and the Lower Divisional Clerk is identical is also not in dispute.