SBWMAP17/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc. Application No.17/2010 In S.B. Civil Writ Petition No.763/1995 Vijay Kumar Sharma Vs. Managing Director, RSRTC & Others Date of Order ::: 14.07.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Abhinav Sharma, Counsel for petitioner Shri Yogesh Gupta, Counsel for respondents #### By the Court:- Contention of learned counsel for petitioner is that it was wrongly given to the court that the writ petition has become infructuous because the petitioner has been given appointment in the regular pay scale vide order dated 23rd April, 1995, whereas the petitioner's first prayer in the writ petition was that he should be given appointment in regular pay scale with effect from 23.03.1992 when Madan Singh was given such appointment, which fact has not been denied by the respondent in Para No.9 of the reply to the writ petition. The learned counsel for the respondents contested the application but it is indeed SBWMAP17/2010 // 2 // evident from the prayer clause of the writ petition that the prayer made by the petitioner was not fully granted. For the reasons stated above, the miscellaneous application is allowed. The order dated 26.02.2009 in S.B. Civil Writ Petition No.763/1995 is recalled and writ petition is ordered to be listed for hearing afresh. (Mohammad Rafiq) J. //Jaiman//