1 S.B. CIVIL WRIT PETITION NO.5589/2006 (The State of Raj. & Anr. Vs. M.S. Godara & Ors.) Date of Order :: 26.05.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Shyam Ladrecha, Govt. Counsel. Mr.Manoj Bhandari ] Mr.Trilok Joshi ] for the respondents. In this case, the State Government is challenging the order dated 05th April, 2005 (Annexure-9) passed by the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur in which the learned tribunal has followed the judgment delivered by the learned Single Judge in S.B. Civil Writ Petition No.2530/1998 (Smt. Suman Vashistha Vs. The State of Rajasthan & Anr. and the judgment delivered by the Division Bench of this Court in D.B. Civil Special Appeal (Writ) No.675/2001 whereby the Division Bench has upheld the order of learned Single Judge. The learned Single Judge in its order has held that:- “........the respondent department had been interpreting the words w.e.f. 1.4.1980 to be effective prior to 1.4.1980 instead of subsequent to 1.4.1980. The Government of India had also issued the clarifications on such quarries having been asked but still the officers concerned failed to take any action. It is the case which depicts total lack of application of mind by the concerned authorities with the 2 result that the petitioner had been unnecessarily dragged into litigation, which action of the respondents cannot be appreciated in any manner. The petitioner was an 'existing employee' in view of judgment vide Annexure-4 and instructions issued in 1993 as per Annexure-5 and was entitled to the grade of Rs.700-1600 as provided by UGC at the time of her appointment in the year 1981 as these grades were made applicable from 1.4.1980.” In this view of the matter, when the judgment delivered by the tribunal is based upon the adjudication made by learned Single Judge and the Division Bench of this Court, then there is no question for interference in this writ petition. Hence, this writ petition is dismissed. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/-