RAMANAND SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) As per office-note, this appeal was barred by 5 days. For the reasons mentioned in the application under Section 5 of the Limitation Act, we are satisfied that the delay has been explained properly. The application is allowed. The delay in filing the appeal stands condoned.

(2.) With consent, arguments heard.

(3.) Appellant appears to be aggrieved by an order dt. 10.07.2007 passed by learned Single Judge in his Writ Petition No. 2357/2004. The prayer made before the learned Single Judge, by the appellant, by filing Writ Petition under Articles 226 and 277 of the Constitution, was for grant of benefit of the services rendered by him in the Family Planning Department, from his initial appointment on 18.11.1968 for the purpose of granting selection scale with all consequential benefits. The learned Single Judge, while referring to proviso III to Item-3 of the Circular dt. 17.02.1998 issued by the Finance Department (Rules Division) of the State of Rajasthan, came to the conclusion that in two Departments the appellant was not holding the same post. The term 'same post' means carrying same designation and pay scale.