1 S.B. CIVIL WRIT PETITION NO.7553/2008. (STATE OF RAJASTHAN VS. DULICHAND MALI AND ORS.) DATE OF ORDER : 14.10.2008. HON'BLE MR. GOVIND MATHUR, J. Mr. N.K. Mehta for the petitioner. To challenge the judgment dated 15.06.2006 passed by Rajasthan Civil Services Appellate Tribunal, Jaipur, this petition for writ is preferred. By the judgment impugned, learned Tribunal accepted the appeal preferred by the respondent government servant with a direction to the petitioner State to treat him at par with the employees relating to whom judgment was passed by Rajasthan High Court in SBCWP No.1267/2001 decided on 23.10.2002. Learned Tribunal also set aside the order dated 17.06.2002, whereby the selection grade granted to the respondent government servant was withdrawn and an order to effect recovery for the amount said to be paid in excess was made. The contention of the learned counsel for the petitioner, while giving challenge to the judgment aforesaid, is that the respondent government servant became entitled to be considered for getting selection grade only after qualifying the proficiency test. 2 As a matter of fact, the issue involved in this petition for writ is no more res integra in view of the judgment of this Court in SBCWP No.1267/2001 (Rajasthan Jan Swasthya Abhiyantriki Vibhag Karamchari Sangh vs. State of Rajasthan and others) decided on 23.10.2002 and affirmed by a Division Bench of this Court in DB Civil Special No.2359/2003 (DR(J)) decided on 04.05.2004. In the case of Rajasthan Jan Swasthya Abhiyantriki Vibhag Karamchari Sangh (supra), this Court held that the persons working on the post of Store Munishi were taken on regular cadre on an equivalent post, as such, the dependence of grant of selection grades on qualifying proficiency test shall be unjust. Learned Tribunal also decided the appeal preferred by the respondent government servant in light of the judgment of this Court in the case of Rajasthan Jan Swasthya Abhiyantriki Vibhag Karamchari Sangh (supra). As said above, the judgment aforesaid has already been affirmed by the Division Bench of this Court and, therefore, I do not find any just reason to interfere with the judgment impugned while exercising powers under Article 226 and 227 of the Constitution of India. The petition for writ, therefore, is dismissed. (GOVIND MATHUR)J. Anil/