1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT DB Civil Special Appeal (Writ) No. 947/2006 in SB Civil Writ Petition No. 782/2001 RPSC vs Ajay Kapoor 17.05.2010 Hon'ble the Chief Justice Mr Jagdish Bhalla Hon'ble Mr Justice MN Bhandari Mr SN Kumawat, for appellant Mr Avinash Sharma – for respondent-employee BY THE COURT: An application under section 5 of the Limitation Act has been filed for condonation of delay in filing the appeal. For the reasons given in the application and not seriously opposed by learned counsel for respondent, the application is allowed. Delay in filing the appeal is condoned. The matter was heard on the appeal. It is stated that the writ petition was allowed by the learned Single Judge in reference to the Full Bench decision of this Court in the case of “State of Rajasthan Versus Farooq Ahmed & ors” (2005(1) WLC 1). The Hon'ble Apex Court in the case of “State of Rajasthan versus Jagdish Narain Chaturvedi” (AIR 2010 SC 157) has taken a different view to the judgment of the Full Bench of this Court. The issue involved was with regard to grant 2 of benefit of selection scale on completion of 9, 18 and 27 years of service and for counting the period of 9, 18 and 27 years, whether ad hoc temporary service can be counted or not? This issue was decided by the Full Bench of this court in favour of the employees, but the Hon'ble Apex Court has taken a view otherwise. In view of the decision of the Hon'ble Apex Court in the case of Jagdish Narain Chaturvedi (supra), the judgment of the learned Single Judge cannot be allowed to stand, as such this appeal deserves to be accepted. Accordingly, this appeal is accepted and the judgment of the learned Single Judge is set aside. The rights of the parties would now be governed by the judgment of the Hon'ble Apex Court in the case of Jagdish Narain Chaturvedi (supra). (MN Bhandari), J. (Jagdish Bhalla)CJ bnsharma