MUNICIPAL BOARD CHITTORGARH & ANR. versus KRISHAN SINGH & ORS.

High Court of Rajasthan

Indian Supreme Court Cases / Judgements / Legislation

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MUNICIPAL BOARD CHITTORGARH & ANR. v KRISHAN SINGH & ORS. - SAW Case No. 03280 of 2004 [2005] RD-RJ 1019 (13 May 2005)

D.B. CIVIL SPECIAL APPEAL DR(J) NO.3280/2004.

(Municipal Board & Anr. vs. Krishan Singh & Ors.)

Date : 13.05.2005

HON'BLE MR.JUSTICE N.N.MATHUR

HON'BLE MR.JUSTICE MANAK MOHTA

Mr. Anil Bhandari, for the appellant.

Mr. N.M.Lodha, Additional Advocate General.

This special appeal is barred by limitation of 204 days. We have perused the application under Section 5 of the

Limitation Act as well as the order of the learned Single Judge dated 16th October, 2003.

The respondent was a Beldar/Chowkidar on the post of class IV employee in the pay scale of Rs.750-940/-. The pay scale was revised as Rs.800-1250/-. The respondent was not given the said pay scale on the ground that the gardener has not the pay scale of Rs.800-1250/-. The learned Single Judge has held that on revision of pay scale the appellant was to place the respondent in the revised pay scale i.e. 750-940/- to change scale of 800-1250/-. Thee is no pay scale below 800-1250/-.

No interference is warranted with the order of the learned Single Judge. Thus, no prejudice is likely to be caused to the appellant if the delay in filing the special appeal is not condoned.

The special appeal stands dismissed as barred by limitation.

(MANAK MOHTA),J. (N.N.MATHUR),J ashwini/-

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