THE STATE OF RAJASTHAN Vs. MALIRAM

JUDGEMENT

(1.) The petitioner-State has come up against the order passed by the Rajasthan Civil Services Appellate Tribunal dt. 18/08/2004 whereby the appeal of the respondent. Maliram was allowed and the orders passed by the authority dt. 20/02/2001 was quashed and set aside.

(2.) It has been submitted by counsel for the petitioner that the Tribunal has erred in allowing the appeal of the respondent as the services rendered by him in RAC could not be counted for the purpose of granting selection scale and earlier order by which his entire service had been counted was required to be withdrawn. Accordingly, it is submitted that the order dt. 20/02/2001 was not required to be interfered with.

(3.) Counsel for the petitioner has submitted that the respondent was appointed as a Constable in RAC on 14/09/1964 and was transferred to Armed Police (Civil Police) vide order dated 11/08/1983 and he retired from the post of Constable (Civil Police) on 30/09/2002. The department had earlier granted benefit of 27 years of service counting from 1964 and placed the respondent in the pay-scale of 6500-10500 by its order dated 20/05/2000. This order was wrongfully passed and therefore, the order dt.20/02/2001 was issued cancelling the earlier order dated 20/05/2000 and the respondent was fixed in the pay scale of 5500-9000. The Tribunal has, however, wrongly allowed the appeal of the respondent.