1 S.B.CIVIL WRIT PETITION NO.3120/2008 State of Rajasthan & Ors. Vs. Vikram Singh & Anr. Date of Order :: 27.5.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. R. Vaishnav, for the petitioner. ... By this petition for writ a challenge is given to the judgment dated 16.5.2007 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur (Circuit Bench – Jodhpur) accepting an appeal preferred by the respondent government-servant. In brief facts of the case are that the respondent government servant was employed with the petitioner as a daily rated employee on 12.3.1984 and subsequently thereto semi permanent status was granted to him w.e.f. 19.8.1987. He was appointed as Nakedar under an order dated 1.1.1995. The competent authority of the petitioner vide an order dated 19.1.2001 compulsorily retired the respondent- government servant from service as per the provisions of Rule 53(1) of the Rajasthan Civil Services (Pension) Rules, 1996. The government servant being aggrieved by the order dated 19.1.2001 preferred an appeal before the Tribunal and that came to be accepted by the impugned judgment on the count that on the date the employee was compulsorily retired he neither completed the age of 50 years nor he completed service of 15 years. 2 This petition for writ is preferred to challenge the order aforesaid on the count that the Tribunal erred while not considering the term of service spent by the petitioner in the capacity of a daily rated employee. According to the petitioner the qualifying service is required to be considered w.e.f. 12.3.1984 and not from 19.8.1987 the date on which semi permanent status was conferred upon the respondent- employee. I do not find any substance in the argument so raised. It is the position admitted that the appointment was given to the respondent employee in semi permanent only w.e.f. 19.8.1987, and as such, he was having no right to receive regular pay scale and all other rights for which a regular employee is entitled prior to that. The qualifying service of the respondent government servant, therefore, was required to be reckoned from the date the semi permanent status was granted to him. The Tribunal rightly reckoned the qualifying service of the respondent government servant w.e.f. 19.8.1987. The order impugned, therefore, does not suffer from any error that may warrant any interference of this Court under Article 227 of the Constitution of India. The writ petition is dismissed accordingly. (GOVIND MATHUR), J. Jgoyal