Special appeal covered by order in sister case; parties governed by final outcome of pending Supreme Court SLP pending before Apex Court.
Appeal disposed with direction to be governed by pending SLP before Supreme Court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Special Appeal Writ No. 519/2018
State Of Rajasthan Through Secretary, Department Of Personnel, Government Of Rajasthan , Secretariat, Jaipur.
----Appellant
Versus
----Respondents
For Appellant(s) : Mr.Rajendra Prasad, AAG For Respondent(s) :
HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI HON'BLE MR. JUSTICE DINESH CHANDRA SOMANI
Judgment
11/07/2018
(2 of 3)
[SAW-519/2018]
It is stated that despite service on few non-appellants, none appears on their behalf. It may be due to disposal of special appeal by the Division Bench at Principal Seat, Jodhpur. Since similar appeal has been disposed of, nothing survives in this appeal, though, few non-appellants are yet to be served but taking into consideration that special appeal against similar order has already been disposed of by the Division Bench of Principal Seat at Jodhpur in DB Special Appeal (Writ) No.292/2018, State of Rajasthan & Anr. Vs. Rekha Ram & Ors., this appeal may be covered by order in the case supra.
It is, however, submitted that the State Government has approached the Apex Court against the judgment in the case of Rekha Ram & Ors. (supra) thus prayer is that even if this appeal is disposed of in reference to the judgment passed by the Division Bench at Principal Seat, Jodhpur in the case of Rekha Ram & Ors. (supra), it may be ordered to be governed by final outcome of Special Leave Petition (SLP) in the case aforesaid. It would otherwise give complete justice to the parties and avoid multiplication of litigation thus prayer is that while disposing of this appeal, it may be made clear that parties would be governed by final outcome of the SLP pending before the Apex Court or the appellants be given liberty to seek revival of the appeal subject to final outcome of the SLP before the Apex Court.
We have considered the submissions and find that many appeals of similar nature have been disposed of in the light of the order passed by the Division Bench at Principal Seat, Jodhpur in the case of Rekha Ram & Ors. (supra). There, a direction has been given to govern the parties by final outcome of
(3 of 3)
[SAW-519/2018]
the pending appeal before the Apex Court and, accordingly, we are inclined to pass similar order in this case also.
Accordingly, this special appeal is disposed of without causing interference in the order passed by learned Single Judge, rather, presently, it would be governed by the order passed by the Division Bench at Principal Seat, Jodhpur in the case of Rekha Ram & Ors. (supra), however, the parties would finally be governed by SLP pending before the Apex Court in the case supra.
(DINESH CHANDRA SOMANI),J
Preeti/30
Colour shows how this judgement treated each authority
State of Rajasthan & Anr. Vs. Rekha Ram & Ors.Followed¶20
DB Special Appeal (Writ) No.292/2018, State of Rajasthan & Anr. Vs. Rekha Ram & Ors.
SLP pending before the Apex Court in the case supraAffirmed¶26
State Of Rajasthan Through Secretary, Department Of Personnel
Mayur Sharma
Pawan Kumar Kumawat
Rajendra Kumar Sharma
Pawan Choudhary
Sanjay Kumawat
Munishwar Nath Bhandari
Dinesh Chandra Soman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Munishwar Nath Bhandari and Dinesh Chandra Soman
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