1 D.B.Civil Special Appeal (Writ) No.1110/2005 The State of Rajasthan & ors. V/s Yogesh Kumar Sharma 22.2.2010 Hon'ble the Chief Justice Mr.Jagdish Bhalla Hon'ble Mr.Justice M.N.Bhandari Mr.R.P.Singh,Addl.Advocate General for the appellants. Mr.Anand Sharma for the respondent. An application under section 5 of the Limitation Act has been filed for condonation of delay. For the reasons given in the application and not opposed seriously by the learned counsel for the respondent, delay in filing the appeal is condoned. The application under section 5 of the Limitation Act stands allowed accordingly. The matter was heard on 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 V/s Farooq Ahmed and ors. (2005(1)WLC page 1). The Hon'ble Apex Court in the case of State of Rajasthan V/s 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 of benefit of selection scale on completion of 9, 18 and 27 years of service. For counting the period of 9, 18, and 27 years, whether adhoc, 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 Apex Court has taken a view otherwise. 2 In view of the decision of the 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 Apex Court in the case of Jagdish Narain Chaturvedi (supra). (M.N.Bhandari)J. (Jagdish Bhalla)C.J. Parmar