[2025:RJ-JP:30059-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 600/2022 1. The State Of Rajasthan, Through Secretary, Department Of Forest, Jaipur. 2. Principal Chief Conservator Of Forest, Rajasthan, Jaipur. 3. Deputy Conservator Of Forest, Samajik Vaniki, Dausa. 4. Range Forest Officer, Bandi Kui, Rajasthan. 5. Development Officer, Panchayat Samiti, Bandikui, District Dausa. (Raj.) ----Appellants Versus Babulal Saini S/o Shri Ramdhan Saini, Resident Of Abhaneri, Tehsil Baswa, District Dausa. ----Respondent For Appellant(s) : Mr. Jay Vardhan Joshi for Mr. Bharat Vyas,AAG For Respondent(s) : Mr. Govind Gupta for Mr. M.F.Baig HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 05/08/2025 1. This appeal has been filed by the appellants against the order dated 22.02.2021 passed by the learned Single Judge. 2. Learned counsel for the appellants submits that while passing the order impugned, the learned single judge has not considered the reply to the writ petition, more particularly, clause 5 of the notification dated 30.09.1998(Annexure-3) according to which a person is entitled for grant of selection scale after completion of 9,18 & 27 years of service from the date of [2025:RJ-JP:30059-DB] (2 of 3) [SAW-600/2022] declaring semi permanent under Rajasthan Work-Charged Employees Service Rules of 1964. 3. Counsel further submits that appellants have rightly been allowed the benefit of selection scale after completion of 9 years of service from the date of declaring the respondent as semi permanent. 4. Counsel further submits that without challenging the said notification, the relief prayed for by the respondent cannot be granted. Counsel further submits that in para no. 9 of the reply the provisions of said circular were also mentioned by the appellants but the same was not considered. 5. Learned counsel for the appellants prayed for allowing the appeal. 6. Learned counsel for the respondent opposed the submission made by the learned counsel for the appellants and supported the judgment passed by the learned single judge. 6. Heard, counsel for the parties and perused the record. 7. We have gone through the record. 8. Admittedly, the respondent was declared as semi permanent on 01.04.1990 and after completion of 9 years of service, he was granted first selection scale after completion of 9 years of service from 01.04.1999. 9. In our considered view, the respondent was only entitled for grant of selection scale after completion of nine years of service from the date when he was declared as semi permanent. 10. We have gone through para no. 9 of the reply to the writ petition as well as the circular dated 30.09.1998. [2025:RJ-JP:30059-DB] (3 of 3) [SAW-600/2022] 11. Admittedly, no rejoinder to reply was filed by the respondent before the learned single judge nor he challenged the notification dated 30.09.1998. 12. In that view of the matter, appeal filed on behalf of the appellants is allowed and the order passed by the learned Single judge dated 22.02.2021 is set aside. (BHUWAN GOYAL),J (INDERJEET SINGH),J Anu /40