(1) IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CIVIL SECOND APPEAL No.54/2009 R.S.R.T.C. & Anr. Vs Bhagwat Singh Dewal Date: 13/02/2009 ** HON'BLE MR. JUSTICE K.S. RATHORE ** Mr. N.S. Chouhan, for the appellants. -- This civil second appeal under Section 100, CPC is preferred by the defendants-appellants against the judgment and decree dated 31.07.2008 passed by Additional District Judge, No.3, Jaipur City, Jaipur in Civil Regular Appeal No.27/2007, by which the learned Judge has dismissed the appeal preferred by the defendants-appellants and upheld the judgment and decree dated 10.04.2007 passed by Additional Civil Judge (Jr. Division), No.1, Jaipur City, Jaipur. The main challenge to the concurrent findings given by the Courts below is on the ground that the civil suit filed by the respondent-plaintiff was barred by limitation since the plaintiff made a prayer to declare that he was entitled for grant of second selection w.e.f. 15.9.1995 after completion of 18 years of service. The civil suit was not filed within the period of three years. Learned Counsel for the appellants argued that (2) the selection scale, which was allowed by both the Courts below to the plaintiff, is contrary to the Circular dated 25.01.1992, issued by the Government of Rajasthan. It is contended that as per Circular dated 25.01.1992, the selection grade in terms of the order can only be granted to those employees, whose record of service is satisfactory. The record of service which makes one eligible for promotion on the basis of seniority shall be considered to be satisfactory for the purpose of grant of the selection grade. It is also contended that considering the plaintiff's service record, the third selection grade has been declined to him and this very aspect has not been considered by both the Courts below. I have given my thoughtful consideration to the submissions advanced by learned Counsel for the defendants-appellants and also perused the judgment and decree dated 31.07.2008 passed by the first appellate Court and judgment and decree dated 10.04.2007 passed by the trial Court. Both the Courts below have held that the plaintiff entitled for third selection grade on completion of 27 years of service and decree to this effect has rightly been passed by the trial Court in favour of plaintiff-respondent. The judgment and decree passed by the trial Court has been upheld by the first appellate Court after considering each and every aspect and upon perusal of relevant record, rightly dismissed the appeal of the appellants and upheld the judgment (3) and decree passed by the trial Court. The concurrent finding given by both the Courts below requires no interference as no substantial question of law arises in this second appeal. Accordingly, the present second appeal fails and the same is hereby dismissed. (K.S. RATHORE), J. DJ/- 40