Court allowed disposal of the writ petition in line with the judgment in Manesh Kumar vs. State of Raj., directing the petitioner to be extended the benefit of the Manesh Kumar ruling and relevant Supreme Court order.
Writ petition disposed of in terms of judgment in Manesh Kumar case.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
: O R D E R :
S.B. CIVIL WRIT PETITION NO.690/2014
Praveen Singh Dabi
vs.
State of Raj. & Ors.
Date of Order
23.11.2015
PRESENT
HON'BLE MR. JUSTICE ARUN BHANSALI
Mr. Govind Suthar, for the petitioner. Mr. N.K. Mehta, AGC, for the respondents.
BY THE COURT:
An application has been filed by the petitioner, inter alia, indicating that the dispute raised in the present writ petition is squarely covered by judgment of this Court in Manesh Kumar vs. State of Raj. & Ors. in S.B. Civil Writ Petition No. 935/2014 decided on 22.07.2015 and, therefore, the present writ petition may also to be decided in terms of the said judgment.
Learned counsel for the respondents does not dispute the fact that the matter is covered by judgment in the case of Manesh Kumar (supra).
In view of the submissions made, the application is allowed.
The writ petition is disposed of in terms of judgment in the case of Manesh Kumar (supra) which reads as under:-
“In view of the submission made by the learned counsel for the parties, the instant writ petition is disposed of in light of the aforesaid judgment. It is hereby directed that the petitioner shall be extended the benefit
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of the judgment dated 20.11.2014 passed in the aforesaid bunch of special appeals, the operative part whereof reads as under:-
“24. On the aforesaid discussion, all these special appeals are disposed of with directions that the respondents will be entitled to the benefit of Division Bench judgment in Hem Singh's case, only after and subject to the Screening to be carried out for weeding out the persons, who were either not elegible or have received promotions in their own trade other than the trade of Store Munshi. It goes without saying that this judgment will be subject to the judgment of Hon'ble Supreme Court in Special Leave to Appeal (Civil) No. 18046/2012. There shall be no orders as to costs.”
It is also worthwhile to note here that aforementioned S.L.P. Being Special Leave to Appeal (Civil) No. 18046/2012 (State of Rajasthan & Ors. Vs. Hem Singh & Ors.) has already been rejected by the Hon'ble Supreme Court on 29.01.2015 and thus the effect of the said order shall also be kept in mind while considering the matter in light of the above directions.”
(ARUN BHANSALI), J.
Taruna
2 issues framed by the court
Whether the present writ petition can be disposed of based on the existing judgment in Manesh Kumar.
Whether the petitioner is entitled to the benefit of the judgment in Manesh Kumar.
Colour shows how this judgement treated each authority
Manesh Kumar vs. State of Raj. & Ors.Affirmed¶14
Manesh Kumar vs. State of Raj. & Ors. in S.B. Civil Writ Petition No. 935/2014
Hem Singh's caseReferred¶18
Hem Singh's case
State of Rajasthan & Ors. Vs. Hem Singh & Ors.Distinguished¶22
Special Leave to Appeal (Civil) No. 18046/2012
Praveen Singh Dabi
State of Raj.
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
