1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.4359/02 Prem Singh vs. State & Ors. Date of order : 13/2/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri A.K. Bansal for the petitioner. Shri Zakir Hussain, Addl. Govt. Counsel for the respondents. ****** Heard learned counsel for the parties. This writ petition has been filed challenging the order of Rajasthan Civil Services Appellate Tribunal dated 20.5.1999 whereby appeal of the petitioner has been dismissed as being time barred. The petitioner had in the appeal prayed for the relief that the respondents be directed to grant the benefit of permanent status to the petitioner immediately upon completion of the period of 10 years in terms of the settlement arrived at between the parties before Conciliation Officer on 17.8.1983. The Tribunal rejected the appeal as time barred. Shri Ashok Bansal, learned counsel for the petitioner has argued that the appeal was filed in the year 1996 and as the 2 petitioner being appointed on 7.7.81, was entitled to be conferred with the permanent status in the year 1991. The Tribunal ought not to have rejected the appeal as time barred and should have examined the matter on merits because in any case the respondents did not pass any express order even rejecting the prayer of the petitioner made in number of representations. Shri Zakir Hussain, learned Additional Government Counsel opposed the writ petition but could not justify as to why decision of the appeal ought not to have been made on merits. Now that this writ petition has remained pending before this Court since 2002, non suiting the petitioner on the ground of delay in filing of the appeal before the Tribunal would be wholly unjustified. It is always better that the dispute between the parties is resolved on merits rather rejecting the same on technicalities such as that of limitation. In the result, the order of the Tribunal dated 20.5.1999 rejecting appeal of the petitioner is set aside and the matter is remanded back to the Tribunal and the appeal 3 filed before the Tribunal is directed to be revived with direction to the Tribunal to decide the same within a period of one year from the date certified copy of this order is produced before it. The writ petition is allowed accordingly. (MOHAMMAD RAFIQ), J. RS/