1 S.B. CIVIL WRIT PETITION NO. 5906/2008. (STATE & OTHERS VS. OM SINGH & OTHERS) DATE OF ORDER : 22.08.2008. HON'BLE MR. GOVIND MATHUR, J. Mrs. R.R. Kanwar for the petitioner. By this petition for writ, a challenge is given to the Judgment dated 17.10.2006 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur accepting an appeal preferred by the respondent government servant. Learned Tribunal by the judgment impugned directed the present petitioner to grant notional pay fixation to the respondent government servant w.e.f. 16.11.2003 as that was made in cases of further similarly situated persons namely Shri Ganpat Singh and Shri Suraj Ratan Vyas. The contention of the petitioner as averred in the petition for writ is that the Tribunal should have not entertained the appeal being barred by limitation and also suffering from the lacunae i.e. Of non-joinder of necessary parties. I have examined the record and I do not find any error in the judgment impugned. It is not in dispute that despite 2 the promotion to the respondent government servant w.e.f. 16.11.1985, no notional benefit regarding fixation of his pay was made, whereas it was given to Shri Ganpat Singh and Shri Suraj Ratan Vyas. The discrimination, therefore, is apparent. So far as the question regarding limitation is concerned, suffice it to mention that once the Tribunal has exercised its appellate powers and extended substantial justice, it shall not be appropriate to interfere with that on a technical plea. The appeal was also not suffering from any lacunae as of non-joinder of the necessary parties, as the State Government was party to the proceedings and Shri Ganpat Singh and Shri Suraj Ratan Vyas were not required to join the appeal as no relief was claimed by the respondent government servant against them. For the reasons stated above, the petition for writ is dismissed. (GOVIND MATHUR)J. Anil/