Disposed

Mukat Singh and Ors. v. State of Raj and Ors.

Rajasthan HC16 Nov 2017CW/20789/2017

Case brief

AI extract

What is this about?

Hon'ble Justice Veerendr Singh Siradhana held the writ petition disposed of. The court observed that the controversy is resolved due to a Division Bench order and Supreme Court judgment clarifying the legal position. The court directed the State-respondents to consider the petitioners' representation regarding employment matters within three months.

What did the court decide?

Direction to State-respondents to consider the petitioners' representation and decide by a reasoned order within three months.

Mukat Singh and Ors. Vs State of Raj and Ors. — Service and Employment | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 20789 / 2017

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Mukat Singh CT (Driver) No 375 Son of Shri Atar Singh, Aged About 42 Years, Working At O/o Superintendent of Police, Bharatpur, Rajasthan.

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Nihal Singh CT (Driver) No 340 Son of Shri Mahinder Singh, Aged About 41 Years, Working At O/o Superintendent of Police, Bharatpur, Rajasthan.

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Bachchu Singh CT (Driver) No 336 Son of Late Shri Fateh Singh, Aged About 43 Years, Working At O/o Superintendent of Police, Bharatpur, Rajasthan.

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Hem Singh CT (Driver) No 366 Son of Late Shri Roshan Lal, Aged About 41 Years, Working At O/o Superintendent of Police, Bharatpur, Rajasthan.

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Manoj Kumar CT (Driver) No 374 Son of Shri Gopal Ram Sharma, Aged About 42 Years, Working At O/o Superintendent of Police, Bharatpur, Rajasthan.

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Diwan Singh CT (Driver) No 368 Son of Shri Thui Ram, Aged About 41 Years, Working At O/o Superintendent of Police, Bharatpur, Rajasthan.

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Rameshwar Singh CT (Driver) No 380 Son of Shri Deewan Singh, Aged About 42 Years, Working At O/o Superintendent of Police, Bharatpur, Rajasthan.

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Rajbeer Singh CT (Driver) No 175 Son of Shri Aakhee Singh, Aged About 43 Years, Working At O/o Superintendent of Police, Bharatpur, Rajasthan.

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Rajesh Singh CT (Driver) No 384 Son of Shri Amar Singh, Aged About 42 Years, Working At O/o Superintendent of Police, Bharatpur, Rajasthan.

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Sanjay Kumar CT (Driver) No 1, Son of Shri Pushker Singh, Aged About 41 Years, Working At O/o Superintendent of Police, Bharatpur, Rajasthan.

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Rishal Singh CT (Driver) No 359 Son of Shri Mahinder Singh, Aged About 42 Years, Working At O/o Superintendent of Police, Bharatpur, Rajasthan.

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Prem Prakash CT (Driver) No 28 Son of Shri Narender Dutt Sharma, Aged About 42 Years, Working At O/o Superintendent of Police, Bharatpur, Rajasthan.

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Pradeep Kumar CT (Driver) No 283 Son of Shri Damodar Singh, Aged About 42 Years, Working At O/o Superintendent of

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(2 of 5)

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[CW-20789/2017]

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Police, Bharatpur, Rajasthan.

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Nand Ram CT (Driver) No 1361 Son of Shri Raghunath Singh, Aged About 42 Years, Working At O/o Superintendent of Police, Bharatpur, Rajasthan.

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Prabhu Dayal CT (Driver) No 133 Son of Shri Pratap Singh, Aged About 43 Years, Working At O/o Superintendent of Police, Bharatpur, Rajasthan.

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Manak Chand CT (Driver) No 338 Son of Shri Lal Chand Sharma, Aged About 42 Years, Working At O/o Superintendent of Police, Bharatpur, Rajasthan.

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Rakesh Kumar CT (Driver) No 351 Son of Lt Shri Bahadur Singh, Aged About 42 Years, Working At O/o Superintendent of Police, Bharatpur, Rajasthan.

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Sodan Singh CT (Driver) No 225 Son of Shri Buddha Singh, Aged About 42 Years, Working At O/o Superintendent of Police, Bharatpur, Rajasthan.

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Vikram Singh CT (Driver) No 129 Son of Lt. Shri Bijender Singh, Aged About 42 Years, Working At O/o Superintendent of Police, Bharatpur, Rajasthan.

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Rajender CT (Driver) No 357 Son of Shri Harbhan Singh, Aged About 42 Years, Working At O/o Superintendent of Police, Bharatpur, Rajasthan.

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Mukesh Chand CT (Driver) No 376 Son of Shri Misri Lal Singh, Aged About 42 Years, Working At O/o Superintendent of Police, Bharatpur, Rajasthan.

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Rajesh Singh CT (Driver) No 51 Son of Shri Nihal Singh, Aged About 41 Years, Working At O/o Superintendent of Police, Bharatpur, Rajasthan.

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Satbir Singh CT (Driver) No 364 Son of Shri Devi Singh, Aged About 42 Years, Working At O/o Superintendent of Police, Bharatpur, Rajasthan.

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Samunder Singh CT (Driver) No 378 Son of Shri Mohan Singh, Aged About 42 Years, Working At O/o Superintendent of Police, Bharatpur, Rajasthan.

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Shanker Singh CT (Driver) No 316 Son of Shri Durga Singh, Aged About 42 Years, Working At O/o Superintendent of Police, Bharatpur, Rajasthan.

----Petitioners

Versus

(3 of 5)

[CW-20789/2017]

The State of Rajasthan Through Its Principal Secretary, Department of Finance (Rules), Government of Rajasthan, Government Secretariat, Jaipur.

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The Secretary (Home), Ministry of Home Affairs, Government of Rajasthan, Government Secretariat, Jaipur.

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The Superintendent of Police, Bharatpur, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Vishas Saini for Mr. M.S. Raghav For Respondent(s) :

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HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA Order

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16/11/2017

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Learned counsel for the petitioners, at the very outset, submits that the controversy raised in the instant writ application stands resolved in view of the adjudication made by a Division Bench in a batch of intra-court appeal lead case being D.B. Civil Special Appeal (Writ) Number 2056 of 2014: The Home Secretary, Government of Rajasthan & Ors. Versus Shyoram & Anr., decided on 2^nd July, 2015, declining the intra-court appeals observing thus:

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“3. An interim order was passed by this Court on 27.02.2015, on the ground that against the judgment passed by the Division Bench in State of Rajasthan & Anr. Vs. Jagdish Prasad & Anr. (D.B. Civil Special Appeal(W) No.161/2012), the Supreme Court has granted an interim order in the contempt proceedings for implementation of the judgment of the Division Bench. This Court had passed the interim order on 27.02.2015, awaiting the orders, to be passed by the Supreme Court in the Civil Appeals.

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We are informed that Civil Appeal No.1766

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(4 of 5)

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[CW-20789/2017]

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of 2015- State of Rajasthan And Ors. Vs. Banney Khan, and other connected civil Appeals, have been dismissed by the Supreme Court on 12.05.2015, with the following order:-

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“We have heard learned counsel for the parties to the lis and carefully perused the material available on record.

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In our considered opinion, we do not find any infirmity in the impugned judgmetns and orders passed by the High Court. Accordingly, the Civil Appeals are dismissed.”

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With the dismissal of the Civil Appeals by the Hon'ble Supreme Court, the orders passed by learned Single Judge, as affirmed by the Division Bench, have been confirmed and have become final.

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The Special Appeals are, consequently, dismissed.

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A copy of the judgment will be placed in the connected files.”

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It is further contended that for the present; the petitioners would be satisfied, if the State-respondents are directed to consider and decide the representation of the petitioners, within a time frame, in the backdrop of the settled legal position in the case of Shyoram & Anr. (supra), which has also been upheld by the Supreme Court declining SLP on 12^th May, 2015; which they are ready and willing to address within two weeks hereinafter.

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In view of the limited prayer addressed; the instant writ proceedings are closed with a direction to the petitioners to address a comprehensive representation enclosing a copy of the

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(5 of 5)

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[CW-20789/2017]

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order in the case of Shyoram & Anr. (supra).

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In case, a representation is so addressed within the aforesaid period, the State-respondents are directed to consider and decide the same by a reasoned and speaking order as expeditiously as possible in accordance with law. However, in no case later than three months from the date of receipt of the representation along with a certified copy of this order.

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With the observations and directions, as indicated above, the

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writ application stands disposed off.

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(VEERENDR SINGH SIRADHANA)J.

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SS/104

Mukat Singh and Ors. v. State of Raj and Ors.

Case brief

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Mukat Singh and Ors. v. State of Raj and Ors.

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