Dismissed

Budh Singh S/O Shri Nathu Singh v. Urban Improvement Trust

Rajasthan HC30 Oct 2018SAW/1299/2018

Case brief

AI extract

What is this about?

In this special appeal writ, the Chief Justice dismissed the appeal in limine. The court held that there was no merit as the appellant had given up the prayer for regularization. The court also noted the lack of connection between the appeals, dismissing the instant appeal.

What did the court decide?

Appeal dismissed in limine due to lack of connection with the respondent's pending appeal.

Budh Singh S/O Shri Nathu Singh Vs Urban… — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Special Appeal Writ No. 1299/2018

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Budh Singh S/o Shri Nathu Singh, Aged About 57 Years, By Caste Rajput, R/o Shivaji Park, Vijay Mandir Road, Alwar (Rajasthan)

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----Appellant

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Versus

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Urban Improvement Trust, Alwar, Through Its Secretary

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----Respondent

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For Appellant(s) : Mr. Devendra Kumar Bhardwaj For Respondent(s) :

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HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE G R MOOLCHANDANI

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Order

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30/10/2018

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D.B. Civil Misc. Application No.1000/2018:

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For the reasons mentioned in the application delay in filing the appeal is condoned.

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The application is allowed.

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D.B. Special Appeal Writ No. 1299/2018:

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There is no merit in the appeal. Impugned order dated 15.05.2017 shows that the appellant gave up the prayer in the writ petition for his services to be regularized. The alternative plea that the appellant should be paid salary in the minimum of the pay scale as per the decision of the Supreme Court reported as (2017) 1 SCC 148, State of Punjab & Ors. Vs. Jagjit Singh and Ors., has been granted by the learned Single Judge.

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Grievance in the appeal that the learned Single Judge by declining benefit of regularization has committed an error of

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(2 of 2)

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[SAW-1299/2018]

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law is noted and rejected for the reason before the learned Single Judge said issue was not even raised. In that, though a prayer was made in the writ petition, the same was given up.

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At this stage learned counsel for the appellant states that UIT has challenged the impugned decision and thus instant appeal be tagged with said appeal.

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The issue raised by UIT is whether the decision in Jagjit Singh’s case could be applied to the appellant and thus there is no connection between the issue raised in the instant appeal and the appeal preferred by UIT.

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Noting the facts as above the appeal is dismissed in limine.

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(G R MOOLCHANDANI),J

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(PRADEEP NANDRAJOG),CJ

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KKC/JKP/S-34

Budh Singh S/O Shri Nathu Singh v. Urban Improvement Trust

Case brief

What is this about?

What did the court decide?

Budh Singh S/O Shri Nathu Singh v. Urban Improvement Trust

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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