CW 2795/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.2795/2006 Rajendra S.Kapoor Versus State & Anr. Date of Order ::: 15/01/09 Hon'ble Mr. Justice Ajay Rastogi Mr. RA Katta, for petitioner. Dr, Mahesh Gupta, Addl. Govt. Counsel for respondents-State Instant petition has been filed seeking implementation of order dt.03/12/2003 (Ann.9) of the Rajasthan Civil Services Appellate Tribunal, as alleged, in its true spirit, which according to petitioner has not been carried out by State Government. Petitioner basically raised his grievance for grant of selection scale in Appeal 977/2000, which was allowed by learned Tribunal vide order dt.03/12/03 (Ann.9) directing the respondents to consider his case for grant of selection scale admissible on completion of 9/18/27 years of service and if found suitable he would be entitled for monetary benefits alongwith interest @ 12% per annum. It appears from the record that when order (Ann.9) of the Tribunal was not complied with by respondents State, the petitioner filed Contempt Petition-3331/04, to which reply was filed alongwith order dt29/12/04 (Ann.R./1) CW 2795/06 //2// passed by respondents therein in compliance of Tribunal's order dt.03/12/03 (Ann.9) - taking note whereof, contempt petition was dismissed vide order dt.13/12/05 (Ann.12). Thereafter, petitioner approached this Court by way of instant petition. Counsel for petitioner submits that since respondents-State failed to comply with order dt.03/12/03 (Ann.9) of learned Tribunal in its true spirit; as such there was no option left for petitioner to approach this Court for its implementation. In their reply, respondents have inter- alia averred that in terms of order dt.03/12/03 (Ann.9) of the Tribunal, candidature of petitioner was considered for grant of selection scale on completion of 9/18/27 yearsof service and due fixation of pay was also made in revised pay scales vide order dt.29/12/04 (Ann.R.1) which was made available to him even at the stage pendente contempt petition. It is relevant to mention that order dt.29/12/04 (Ann.R.1) passed by State Government has not been assailed in instant petition despite the fact that it was made available to the petitioner pendente contempt petition. As regards alleged compliance of order CW 2795/06 //3// dt.03/12/03 (Ann.9) of the Tribunal, apart from contempt being dismissed, suffice it to say that once State Government has passed order dt. 29/12/04 (Ann.R.1), as averred in the reply, in its true spirit & in compliance of Tribunal's directions, can be assailed in appropriate proceedings available under law and not for this Court to re-appraise the nature in which order of the Tribunal was implemented by State Government; and thus does not find justification to interfere atleast in the instant petition. Consequently, writ petition fails and is hereby dismissed. No costs. (Ajay Rastogi), J. K.Khatri/p.3/2795CW06-15Jn.doc