IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.413 of 2007. The State of Rajasthan and Others VERSUS Raj Kumar Sharma and Another Date of Order ::: 26/09/2008. Hon'ble Mr. Prem Shanker Asopa, J. Dr. A.S. Khangarot, Additional Government Counsel for the Petitioners Mr. Akhil Simlote, Counsel for the Respondents **** By the Court : Heard learned counsel for the parties. By this writ petition, the State of Rajasthan has challenged the order of the Rajasthan Civil Services Appellate Tribunal, Jaipur dated 19.06.2006 passed in appeal No.986/2005 filed by the respondent No.1 (herein) as also the orders dated 26.05.1997, 30.06.1997 and 09.06.1997 relating to the grade increment, denial notional fixation and fixation under the new Rules as well as seniority position in the lists. Briefly stated the facts of the case are that the petitioner was initially appointed on 14.08.1987 as Telephone Operator on ad-hoc basis under Sub Rule 14 of Rule 26 of the Rajasthan Subordinate Ministerial Staff Rules, 1957 after summoning the name from the Employment Exchange and following due process of law in the regular pay scale. Before appointment, the petitioner has also taken training of the Telephone Operator. Subsequently, the said appointment was extended vide order dated 02.05.1990 and thereafter the order dated 06.03.1982 was communicated to the Department on 07.07.1989 informing therein that the Telephone Operator has been en-cadred as L.D.C.-cum-Telephone Operator, even than he is required to pass R.P.S.C. Examination. On receipt of the said information the petitioner submitted the mark-sheet on 21.12.1989 of passing of the L.D.C. Examination and informed that he has passed the R.P.S.C. Examination in the year 1984, but still the Department has taken Departmental efficiency test of the petitioner and subsequently treated him as regular in the cadre of L.D.C.-cum-Telephone Operator from the date of passing of the said examination i.e. 03.04.1997 confirmed him and assigned seniority accordingly. The submission of the learned counsel for the State is that the petitioner can only get the benefit from the date of passing of the Departmental efficiency test. The submission of the learned counsel for the respondent No.1 is that he was not required to pass Departmental examination on account of passing of the examination from the R.P.S.C. for the post of L.D.C. and further prior to his appointment he has taken training of Telephone Operator, therefore, the tribunal which has rightly granted him benefit of regular increment from the date of his first appointment treating it regular appointment and further consequential benefits of confirmation, seniority as well as pay fixation, is in accordance with the settled proposition of law. I have considered the submissions of the learned counsel for the parties and further gone through the judgment of the Rajasthan Civil Services Appellate Tribunal, Jaipur dated 19.06.2006. In my view the tribunal is right in holding that the respondent No.1 is entitled to the benefits of increments, confirmation and seniority as well as further pay fixation by keeping in view his initial date of appointment i.e. 14.08.1987 as regular date of appointment. The respondents are directed to pass necessary orders within a period of two months from today. The respondent No.1 is also entitled for others consequential benefits in the matter of grant of selection scale. The writ petition is accordingly dismissed. (Prem Shanker Asopa) J. ashok/