1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.4680/2002. : : Smt. Mohini Devi Vs. State of Rajasthan & Ors. : : Date of Order 28.11.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Prahlad Singh for the petitioner. Mr.Aklesh Jain, Dy.Govt.Counsel for the State. This writ petition has been filed against the order of Rajasthan Civil Services Appellate Tribunal, Jaipur dated 6.2.2002 by which the appeal of the petitioner was dismissed by the said Tribunal as time barred. Learned counsel for the petitioner has argued that since the claim that was made in the appeal was for the payment of selection scale, but no order denying the selection grades in writing was ever issued, therefore, period of limitation is not applicable. The petitioner in the first place tried to persuade the contesting respondents for granting a desire relief and when it was not done, he approached the Tribunal. The Tribunal ought not to have dismissed the appeal as time barred. 2 Learned counsel for the respondents opposed the writ petition and argued that the Tribunal has found the appeal barred by limitation because if the petitioner was claiming for the selection scale of the year 1991 there was no reason for him not to have filed the appeal in time and approached the Tribunal belatedly on 4th March, 1999. A perusal of the order passed by the Tribunal and consideration of the arguments aforesaid clearly show that the respondents did not pass any order either rejecting or accepting the prayer made by the petitioner. This led the petitioner to keep in waiting and approach the Tribunal in the month of March, 1999. For the reasons aforesaid, I find that delay in filing the appeal cannot be said to be deliberate or intentionally. In the result, this writ petition is allowed and the impugned order dated 6.2.2002 of Rajasthan Civil Services Appellate Tribunal, Jaipur is quashed and set aside. The matter is remitted back to the Tribunal for its disposal on merits. The appeal of the appellant shall be revived on the same number. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.51.