1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- SPL. APPL. WRIT No. 311 of 2008 STATE & ORS V/S HARI KRISHAN GEHLOT Mr. ARJUN SINGH, GOVT.COUNSEL, for the appellant / petitioner Ms. NITUBALA, for the respondent Date of Order : 6.5.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J. ORDER ----- Heard learned counsel for the appellant. In this case, it is not in dispute that the employee was declared surplus vide order dated 31.1.1978 and was placed at the disposal of the Collector, Bikaner for being absorbed on the post of stenographer. Accordingly, he was absorbed. In such circumstances, in our view, the impugned order doesn't require any interference. It was contended that since the learned Single Judge has decided the case on the basis of the judgment of Full Bench of this Court in the case of State of Rajasthan Vs. Farooq Ahmed, which judgment is the subject matter of challenge before Hon'ble the Supreme Court. In our view, may be that the learned Single Judge has relied upon that 2 judgment, but then, that judgment as such does not appear to have any bearing, inasmuch as, here it is not a case for computing the seniority from the particular day of appointment, here the employee was appointed in the year 1967, and continued to serve there as such, and thereafter, he was declared surplus, and was absorbed. It is not a case, where while so working under the order of the year 1967, he had undergone any fresh selection exercise, so as to continue in the service. The present is only a case, relating to grant of selection grade. In that view of the matter, we do not find any ground to interfere with the impugned order. The appeal is, therefore, dismissed summarily. ( KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J. /tarun/