STATE OF RAJASTHAN Vs. KAILASH CHAND SAINI

JUDGEMENT

(1.) The present appeal is barred by delay of 2402 days, approximating to six years. It arises from order dated 29.05.2008, allowing Civil Writ Petition No.5351/2008 affirming the order dated 28.09.2007 by the Rajasthan Civil Services Appellate Tribunal holding that the respondent was entitled for pay protection under Section 26-C of the Rajasthan Civil Services (Amendment) Rules, 1994 (hereinafter referred to as 'the Rules').

(2.) Learned Senior Counsel for the appellants submitted that Rule 26-C was applicable only if the appointment, inter alia by direct recruitment was in the same pay scale. In the present case, the respondent was working in a higher pay scale in the work charge establishment as 'Munshi' in semi permanent capacity when he was appointed afresh by direct recruitment as LDC on a lower pay scale. The Rule therefore has no application.

(3.) The appeal raises an important question of law having ramifications beyond the individual respondent. The delay in filing the appeal may therefore be condoned in the larger public interest. It was lastly submitted that notice for recovery has been issued to the other named employee on basis of which relief came to be granted to the respondent. We have considered the submissions on behalf of the petitioner.