1 IN THE HIGH COURT OF JUDICTURE FOR RAJASTHAN AT JODHPUR. O R D E R Madan Lal Mali. Versus State of Rajasthan & ors. S.B. Civil Writ Petition No. 2299/2005 ... Date of Order: May 10, 2007 PRESENT HON'BLE MR. JUSTICE H.R. PANWAR Mr.R.S. Chundawat, for the petitioner. Mr.B.L. Tiwari, Deputy Govt. Advocate. BY THE COURT: By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks quashing of the order Annx.11 dated 21-5-1994 and the order Annx.12 dated 5.12.2003 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur (for short, “the Tribunal” hereinafter). I have heard learned counsel for the parties. It is contended by the learned counsel for the petitioner that the petitioner was initially appointed as Lower Division Clerk on temporary basis on 1-2-1985. Thereafter the respondents advertised the post of Lower Division Clerks and the petitioner, in pursuance of the advertisement, applied for the said post, appeared in the examination and selected by the 2 Rajasthan Public Service Commission (for short, “RPSC” hereinafter). On having been selected by the RPSC, the petitioner was appointed on the post of Lower Division Clerk vide order Annx.6 dated 17-9-1991 and, therefore, the petitioner claims selection grade from the date of his initial appointment. A reply to the writ petition has been filed by the respondents contending that initially the petitioner was engaged purely on temporary basis on daily wages basis and his engagement came to be terminated vide order Ann.x5 dated 23.9.1991 and that order has attained finality as the petitioner never challenged that order. The posts of Lower Division Clerks were advertised by the RPSC, selection process was held, petitioner participated therein and was selected by the RPSC and thereafter on the recommendation of the RPSC, he was appointed as Lower Division Clerk vide order Annx.6 dated 17-9- 1991and he joined the duty on 24-9-1991 and as such, for all practical purposes, the initial date of appointment of the petitioner is 24-9-1991 and he has been rightly granted the selection grade treating date of his initial appointment as 24-9- 1991. In my view, the petitioner is not entitled for any relief because the initial date of appointment on temporary basis at daily wages basis came to be terminated vide order Annx.5 and thereafter its was a fresh appointment of the petitioner vide 3 order Annx.6 dated 17-9-1991 in accordance the prevailing rules after undergoing the process of selection held by the RPSC and in pursuance thereof the petitioner joined the duty on 24.9.1991 and the respondents have already granted the selection grade to the petitioner from this date. In this view of the matter, I do not find any merit in the writ petition and it is, therefore, dismissed. There shall be no order as to costs. (H.R. PANWAR), J. mcs