SBCWP NO.2869/04 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.2869/2004. Vijay Kumari Sharma Vs. State and ors. Date of order:- January 17, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Rajeev Sogarwal for the petitioner. Shri Hemant Gupta, Additional Government Counsel. **** BY THE COURT:- This writ petition has been filed by the petitioner with the prayer to direct the respondents to grant her benefit of first selection scale on completion of 18 years of service and due salary from 1/12/1993 to 6/2/1994, from January 2001 to June 2001 and for the month of August 2001 and TA bills for the period from 3/3/1994 to 7/8/2000, Insurance of ESI Policy, payment of Rs.500 of MSS for the year 1997-99 and increments w.e.f. September 2001. Petitioner in fact earlier than approaching this court filed an appeal before the SBCWP NO.2869/04 2 Rajasthan Civil Services Appellate Tribunal, Jaipur. Appeal of the petitioner however was dismissed on 20/1/2004 on a vague ground that since no order has been passed by the respondents, appointment would not maintainable. Tribunal relied on its own Full Bench decision in Appeal No.2037/02 (Kesri Chand Upadhyaya & 168 Ors. Vs. State). It is informed that the said judgment was set-aside and the matter was remanded to the Tribunal for disposal on merits. In the present case, notice of the writ petition was issued to the respondent on 7/10/2004 and matter was thereafter being listed on various dates enabling the respondents to file reply to the writ petition but so far no reply has been filed by the respondents. Learned Additional Government Counsel again prays for time to do so. Having regard to the facts of the case that the earlier appeal of the petitioner was dismissed for the reason of not passing the specific order by the respondents and that the respondent did not bother to file reply even after more than 4 years from the date of issuance of notice by this court, I deem it appropriate to decide this matter on merits. SBCWP NO.2869/04 3 Petitioner has clearly stated that she was appointed on the post of A.N.M. on 12/10/1981 and subsequently she was promoted on the post of Lady Health Visitor (L.H.V.) in the year 1989. If that be so, petitioner has secured one appointment therefore, she would be entitled to selection scale on completion of 9 years from the date of her promotion and thereafter subsequently selection scale on expiry of another 9 years from that date. It is not known whether respondents have undertaken such exercise. Respondents could not show why dues such as salary for the aforesaid period, TA bills and HRA, insurance selection scale increments payable to the petitioner from time to time have not been paid. Resultantly, writ petition is allowed. Respondents are directed to consider case of the petitioner by granting her selection scale on completion of 9 and 18 years of years from the date of promotion granted to her in the year 1989 and pay to her all the dues as are referred to above which may be found due in accordance with law. If any of these dues have been paid, they need not be paid again. If however, respondents hold that such dues are not payable to the petitioner for any reason whatsoever, they would be under obligation to convey this to the petitioner by written order. SBCWP NO.2869/04 4 Petitioner would be at liberty to challenge the written order if anything is conveyed to her by the respondents again before the Rajasthan Civil Services Appellate Tribunal. Compliance of the judgment shall be made within a period of three months from the date its copy is produced before the respondents. (MOHAMMAD RAFIQ), J. anil