Disposed

Hanumana Ram and Ors. v. State of Raj and Ors.

Rajasthan HC26 Jul 2018CW/3700/2018

Case brief

AI extract

What is this about?

Single Judge Bench disposed of writ applications filed by constables seeking resolution of their controversy. The court noted the matter is resolved per a Division Bench judgment and Supreme Court orders banning intra-court appeals. It directed the petitioners to submit a comprehensive representation within two weeks for disposal by State respondents within three months with a reasoned order.

What did the court decide?

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

Hanumana Ram and Ors. Vs State of Raj and Ors. — Service and Employment | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writs No. 3700/2018

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Hanumana Ram Son Of Shri Ram Devaram , Constable Band No. 1905, Present Posting At Reserve Police Line, Bikaner Raj.

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Suresh Kumar Son Of Shri Banshi Lal , Constable Band No. 1907, Present Posting At Reserve Police Line, Bikaner Raj.

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Rajkumar Son Of Shri Mahaveer Prasad , Constable Band No. 1908, Present Posting At Reserve Police Line, Bikaner Raj.

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Suraj Son Of Shri Balu Ram , Constable Band No. Ct 695, Present Posting 10Th Battalion, R.a.c. I.r., Bikaner Raj.

¶7

Kalu Ram Son Of Shri Ghisa Ram , Head Constable Band No. Hc 130, Present Posting 11Th Battalion, R.a.c. Wazirabad, Delhi

¶8

Chittar Lal Son Of Shri Ram Narayan , Constable Band No. 357, Present Posting At Reserve Police Line, Bundi

¶9

Om Prakash Son Of Shri Hajari Lal , Constable Band No. 3375, Present Posting At Reserve Police Line, Bundi

¶10

Shambhu Dayal Son Of Late Shri Ram Ratan , Constable Band No. 188, Present Posting At Reserve Police Line, Bundi

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----Petitioners

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Versus

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State Of Rajasthan Through Its Principal Secretary To The Government, Department Of Finance Rules , Govt. Secretariat, Jaipur Raj.

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Secretary Home, Ministry Of Home Affairs, Government Of Rajasthan , Govt. Secretariat, Jaipur.

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Director General Of Police , Rajasthan, Jaipur.

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Superintendent Of Police , Bikaner Raj.

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Commandant, 10Th Battalion, R.a.c. , Bikaner Raj.

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Commandant, 11Th Battalion, R.a.c. , Wazirabad, Delhi

¶19

Superintendent Of Police, Bundi Raj.

----Respondents

(2 of 4)

[CW-3700/2018]

For Petitioner(s) : Mr. Sunil Kumar Saini For Respondent(s) :

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HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA

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Order

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26/07/2018

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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.

¶29

We are informed that Civil Appeal No.1766 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

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(3 of 4)

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[CW-3700/2018]

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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,

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dismissed.

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

¶39

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 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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(4 of 4)

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[CW-3700/2018]

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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

¶47

Pooja/88

Hanumana Ram and Ors. v. State of Raj and Ors.

Case brief

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Hanumana Ram and Ors. v. State of Raj and Ors.

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