The Division Bench noted that a batch of appeals be
Direction to State respondents to consider petitioner's representation on employment status within three months of its submission.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writs No. 12114/2018
Ram Singh Shekhawat S/o Shri Kalyan Singh , R/o Village Kantiya, Via-Baya, Tehsil Dantaramgarh, District Sikar Raj Head Constable Armorar No. 666, Present Posting Sub-Inspector Armorar Police Head Quarter, Lal Kothi Jaipur
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Sunil Kumar Saini For Respondent(s) :
HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA
Order
02/07/2018
Learned counsel for the petitioner, 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 2nd July, 2015, declining the intra-court appeals observing thus:
on 27.02.2015, on the ground that against the
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[CW-12114/2018]
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.
“We have heard learned counsel for the parties to the lis and carefully perused the material available on record.
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.”
It is further contended that for the present; the petitioner would be satisfied, if the State-respondents are directed to consider and decide the representation of the petitioner, 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
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[CW-12114/2018]
the Supreme Court declining SLP on 12th May, 2015; which he is ready and willing to address within two weeks hereinafter.
In view of the limited prayer addressed; the instant writ proceedings are closed with a direction to the petitioner to address a comprehensive representation enclosing a copy of the order in the case of Shyoram & Anr. (supra).
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.
With the observations and directions, as indicated above, the writ application stands disposed off.
(VEERENDR SINGH SIRADHANA)J.
SS/108
1 issue framed by the court
Whether to restore and decide the petitioner's representation regarding his posting/employment in light of the settled legal position established in Shyoram & Anr.
Colour shows how this judgement treated each authority
The Home Secretary, Government of Rajasthan & Ors. Versus Shyoram & Anr.Referred¶15
D.B. Civil Special Appeal (Writ) Number 2056 of 2014: The Home Secretary, Government of Rajasthan & Ors. Versus Shyoram & Anr.
State of Rajasthan & Anr. Vs. Jagdish Prasad & Anr.Referred¶17
State of Rajasthan & Anr. Vs. Jagdish Prasad & Anr. (D.B. Civil Special Appeal(W) No.161/2012)
State of Rajasthan And Ors. Vs. Banney KhanReferred¶21
Civil Appeal No.1766 of 2015- State of Rajasthan And Ors. Vs. Banney Khan
Ram Singh Shekhawat
State Of Rajasthan Through Its Principal Secretary To The Government
Secretary Home
Director General Of Police
Superintendent Of Police, Intelligence
Veerendr Singh Siradhana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Veerendr Singh Siradhana
Parties & counsel
