[2025:RJ-JP:18374-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Special Appeal (Writ) No. 709/2024 IN S.B. Civil Writ Petition No. 8834/2011 1. State of Rajasthan through Secretary, Social Justice & Empowerment Department, Government of Rajasthan, Secretariat, Jaipur. 2. Director, Social Justice & Empowerment Department, Government of Rajasthan, Jaipur. 3. Deputy Director, Social Justice & Empowerment Department, Government of Rajasthan, Kota. ----Appellants/Respondents Versus Smt. Sugna Bai Wife of Om Prakash, aged about 44 years, R/o Itawa, Tehsil Pipalda, Kota, presently working at Girls Hostel, Pipalda, District Kota. ----Non-Appellant/Petitioner For Appellant(s) : Mr. Kapil Prakash Mathur, AAG assisted by Ms. Sara Praveen, Adv. For Respondent(s) : ---- HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE ANAND SHARMA Order 01/05/2025 This special appeal has been filed after the period of limitation. 2. In the application filed under Section 5 of the Limitation Act, the appellants have stated thus: “2. That the application for obtaining certified copy of the order dated 17.10.2023 was made on 26.02.2024 and the certified copy of the aforesaid order was received on 27.02.2024. 3. That after receiving the certified copy of the order, it was informed to the Department. Thereafter the [2025:RJ-JP:18374-DB] (2 of 3) [SAW-709/2024] Department sought opinion of the then learned Additional Govt. Counsel, who gave his opinion on 15.03.2024.” 3. Though, we are not satisfied with the aforesaid statements made by the appellants seeking condonation of delay of 333 days in filing the Special Appeal, particularly, in view of the decision of the Hon’ble Supreme Court in Office of the Chief Post Master & Ors. Vs. Living Media India Ltd. & Anr., AIR 2012, Supreme Court 1506, still, we have glanced through the order passed by the writ Court to satisfy ourselves whether the appellants shall suffer irreparable loss if delay of 333 days in filing the present Special Appeal is not condoned. However, prima facie, we see no ground to interfere with the writ Court’s decision dated 17th October 2023. 4. The order passed by the writ Court is based on a decision by the Co-ordinate Bench in Anokh Bai Vs. State of Rajasthan & Others (S.B. Civil Writ Petition No. 372/2013) and (Mohan Prakash Vs. State of Rajasthan & Others) S.B. Civil Writ Petition No. 19349/2017. In Anokh Bai(supra), a learned Singh Judge of this Court made the following observations:- “In the light of the discussion made above, I am inclined to accept the prayer made by the petitioners for grant of wages at the rate of minimum of pay scale for the post of Cook and Watchman while denying the benefit of regularization sought by them, as otherwise not pressed by the petitioners. All the writ petitions are accordingly allowed with the direction to the respondents to pay wages to the petitioners at the rate of minimum f pay scale. The benefit aforesaid would be given to the petitioners from the date of pronouncement of the judgment. The compliance of this judgment would be made by the respondents within a period of four months from the date of receipt of copy of this order.” 5. Even otherwise, in “Avtar Singh Vs. State of Punjab & Others” reported in 2012(1) SLR Page 832, the Hon’ble Supreme [2025:RJ-JP:18374-DB] (3 of 3) [SAW-709/2024] Court held that a Class-IV employee appointed in whatever capacity shall be entitled for minimum of pay scale. 6. While so, we are not inclined to condone the delay of 333 days in filing the present Special Appeal. 7. IA No.607/2024 is dismissed. 8. Consequent upon dismissal of IA No.607/2024, D.B. Civil Special Appeal (Writ) No. 709/2024 is dismissed. (ANAND SHARMA),J (SHREE CHANDRASHEKHAR),J DIVYA /36