-1- SAW No.399/2010 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR J U D G M E N T D.B. Civil Special Appeal No.399 of 2010 IN S.B. Civil Writ Petition No.4873 of 1997 The Rajasthan State Road Transport Corporation, Jaipur & Anr. VERSUS Sugan Chand son of Shri Shera Ram Date of Judgment :::: 19/07/2010 Hon'ble Mr. Justice Dalip Singh Hon'ble Mr. Justice S.S. Kothari Mr. Virendra Lodha, Counsel for the Appellant-RSRTC *** Per Court : Heard learned counsel for the appellant-RSRTC. The learned Single Judge allowed the writ petition for the award of selection scale on completion of 9, 18 and 27 years of service, which had admittedly been denied to the petitioner- respondent. The submission of the learned counsel for the appellant-RSRTC is that against the petitioner departmental inquiries on having been charge-sheeted were pending and, therefore, he could not have been awarded the benefit of selection scale. The learned Single Judge has taken into account the fact that none of the inquiries had been completed and that there was no adverse order against the respondent in the record. Admittedly, even as per the submission of the learned counsel for the appellant before us, at the relevant point of time of completion of 9, 18 and 27 years of service there was nothing adverse against the employee to deny him the said benefit. -2- SAW No.399/2010 In that view of the matter, we find no infirmity in the judgment of the learned Single Judge. The special appeal is accordingly dismissed summarily. The stay application also stands dismissed. Learned counsel for the appellant has now prayed that in view of the fact that the appeal had been filed before this Court, the appellant may now be allowed three months time for compliance of the directions of the learned Single Judge as contained in the judgment dated 17.02.2010 while allowing the writ petition. In the facts and circumstances of the case, we are inclined to accept the prayer made by the appellant-RSRTC subject to the condition that the appellant furnishes an undertaking before Deputy Registrar (Judicial) of this Court within two weeks from today that they would comply with the directions issued by the learned Single Judge. (S.S. Kothari) J. (Dalip Singh) J. Ashok/