SBCWP NO.9346/02. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.9346/2002. Chittar Mal Shrimal Versus State of Rajasthan & Ors. Date of order:- March 20, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Shyamlal for the petitioner. Shri Zakir Hussain, Additional Government Counsel. ***** BY THE COURT:- Petitioner has filed this writ petition with the prayer that since respondents have regularised his services vide order dated 1/5/1983, he should be held entitled to the benefits of selection scale as were made admissible to the members of subordinate service of the government under government instructions dated 25/1/1992. 2) Respondents in reply to the writ petition have resisted the claim of the petitioner on the premise that since he was reinstated in service SBCWP NO.9346/02. 2 pursuant to the award of the labour court, he could not be granted these benefits in view of statutory bar contained in Sections 9 and 11 of the Rajasthan Regulation of Appointments to Public Services and Rationalisation of Staff Act, 1999. 3) The provisions have since been declared ultravires by the Division Bench of this Court in Bhawani Singh & 17 Anr. Vs. State & Ors. : WLC (Raj.) 2002(3) 728, the contention of the respondents therefore cannot be accepted. 4) In the result, the writ petition is allowed. Respondents are directed to grant benefit of selection scale to the petitioner in terms of Government Circular dated 25/1/1992 from the date he was regularised in service and pass appropriate orders with all consequential benefits along with interest on arrears @6% p.a. 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