Intra-court appeals were dismissed as devoid of merit. The appellants failed to distinguish the governing precedent, Ladu Ram, from the present facts. Consequently, no interference was warranted against the Single Judge's order.
Both the intra-court appeals were dismissed as devoid of merit.
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I N THE HI GH COURT OF JUDI CATURE FOR RAJASTHAN BENCH AT JAI PUR
(1) DB Special Appeal (Writ) No.19/ 2013 Rajasthan State Roadw ays Transport Corporation & anr. Vs. Kishan Lal yadav (2) DB Special Appeal (Writ) No.20/ 2013 Rajasthan State Roadw ays Transport Corporation & anr. Vs. Mohd. Rajak
Date of Order :: 23/ 01/ 2015
PRESENT HON'BLE MR. JUSTI CE AJAY RASTOGI HON'BLE MR. JUSTI CE J.K. RANKA
Mr. Anuroop Singhi with Mr. Tarun Verma, counsel for the appellants.
Both these intra-court appeals have been preferred against order passed by the ld. Single Judge dt.30/10/2012.
It can be noticed from the order impugned that the controversy involved in the present matter has been decided by the ld. Single Judge placing reliance on judgment of another Co-ordinate Single Bench of this Court dt. 15/09/2011 rendered in the case of Ladu Ram Vs. Rajasthan State Road Transport Corporation & Ors. (SB Civil Writ Petition No.8689/2011) wherein the controversy was regarding assignment of light duties to those who are medically unfit for the post on which they were initially
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appointed and keeping in view the directions passed by the ld. Single Bench of this Court in the case of Ladu Ram (supra), the writ petitions filed at the instance of the respondents-employees came to be decided by the ld. Single Judge vide order impugned dt.30/10/2012.
In the whole of memo of appeal, the only averment made is that the order passed by the ld. Single Bench of this Court in the case of Ladu Ram (supra) is distinguishable but there is not even a iota regarding distinction between the case of Ladu Ram (supra) decided by the ld. Single Bench of this Court and the present case. It appears that the appeals are being filed in this Court without taking responsibility.
Since the controversy has been decided in the light of the case of Ladu Ram (supra) which was not the subject matter of appeal, in our considered view, the ld. Single Judge has not committed any error in passing the order impugned which may call for interference by this Court in these intra court appeals.
Consequently, both the intra court appeals, being devoid of merit, are hereby dismissed.
(J.K. Ranka), J. (Ajay Rastogi), J.
Raghu
Cer t i f i cat e: Al l cor r ect i ons made i n t he j udgment / or der have been i ncor por at ed i n t he j udgment / or der bei ng e- mai l ed. Raghu, Sr . PA.
1 issue framed by the court
Whether the Single Judge erred in dismissing the writ petitions based on the precedent of Ladu Ram which was not challenged by the appellants.
Colour shows how this judgement treated each authority
Ladu Ram Vs. Rajasthan State Road Transport Corporation & Ors.Relied on¶8
Ladu Ram Vs. Rajasthan State Road Transport Corporation & Ors. (SB Civil Writ Petition No.8689/2011)
Rajasthan State Roadways Transport Corporation
Kishan Lal Yadav
Mohd. Rajak
Ajay Rastogi
J.K. Ranka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
