Disposed

State of Raj and Ors. v. Balram and Anr.

Rajasthan HC17 May 2018SAW/541/2018

Case brief

AI extract

What is this about?

The High Court Bench at Jaipur disposed of three special appeals by governing them with the Division Bench order dated 05 February 2018 in Principal Seat Jodhpur in State of Rajasthan vs. Rekha Ram. Pending the final outcome of the State's SLP in the same case at the Apex Court, the appeals remain governed by the interim Jodhpur order without interference in the Single Judge's earlier order.

What did the court decide?

Appeals disposed of; matters to be governed by the Division Bench order in Principal Seat Jodhpur in State of Rajasthan vs. Rekha Ram & Ors. Pending final outcome of SLP.

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

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

1. D.B. Special Appeal Writ No. 541/2018

¶3

State Of Rajasthan Through Principal Secretary, Finance, Government Secretariat, Jaipur.

¶4

Department Of Treasuries Accounts Through Director, Vitta Bhawan, Janpath, Jaipur- Rajasthan. 3

¶5

Department Of Personnel Training Through Principal Secretary, Dopt, Government Secretariat, Jaipur.

¶6

----Appellants

¶7

Versus

¶8

Balram S/o Sh. Dataram Jat, Aged About 26 Years, R/o Village Kiratpura, Post Kansli, Tehsil Kothputloi, District Jaipur, Rajasthan-303108.

¶9

Rajasthan Public Service Commission Through Chairman, Jaipur Road, Ghooghara Ghati, Ajmer, Rajasthan 305001

¶10

----Respondents

¶11

2. D.B. Special Appeal Writ No. 542/2018

¶12

State Of Rajasthan Through Principal Secretary, Finance, Government Secretariat, Jaipur.

¶13

Department Of Treasuries Accounts Through Director, Vitta Bhawan, Janpath, Jaipur - Rajasthan

¶14

Department Of Personnel Training Through Principal Secretary, Dopt, Government Secretariat, Jaipur.

¶15

----Appellants

¶16

Versus

¶17

Ajay Singh Sharma S/o Sh. Mata Prasad Sharma, Aged About 34 Years, R/o Khidki Mohalla, Old City, Dholpur, Rajasthan 328001

¶18

Rajasthan Public Service Commission Through Chairman, Jaipur Road, Ghooghara Ghati, Ajmer Rajasthan 305001

¶19

----Respondents

¶20

3. D.B. Special Appeal Writ No. 325/2018

¶21

State Of Rajasthan Through Principal Secretary, Dop,

¶22

(2 of 3)

¶23

[SAW-541/2018]

¶24

Government Secretariat, Jaipur.

¶25

Rajasthan Commercial Taxes Department Through Commissioner, Kar Bhawan, Bhawani Singh Road, Ambedkar Circle, C Scheme, Jaipur, Rajasthan - Pin : 302005

¶26

----Appellants

¶27

Versus

¶28

Sudesh Kumar Sharma Anr. S/o Sh. Mani Shanker Sharma, Aged About 41 Years, R/o - 2E, 190, Jai Naraian Vyas Colony, Bikaner.

¶29

Rajasthan Public Service Commission Through Chairman, Jaipur Road, Ghooghara Ghati, Ajmer, Rajasthan 305001

¶30

----Respondents

¶31

For Appellant(s) : Mr.Karan Tibrewal for Mr.Rajendra Prasad, AAG For Respondent(s) : Mr.Suveer Gaur for Mr.Ajatshatru Mina

¶32

HON'BLE MR. JUSTICE M.N. BHANDARI HON'BLE MR. JUSTICE DINESH CHANDRA SOMANI

¶33

Judgment

¶34

17/05/2018

¶35

The defects, pointed out by the Registry, are overruled. Heard learned counsel for the parties on the appeals. Learned counsel for the petitioner-non-appellants submits that a similar writ petition involving the same controversy for the post in question apart from the Department was allowed by the Principal Seat at Jodhpur relying on the judgment impugned herein. The State Government preferred an appeal before the Division Bench at Principal Seat, Jodhpur being DB Special Appeal Writ No.292/2018 titled as State of Rajasthan & Anr. Vs. Rekha Ram & Ors. The Division Bench at Principal Seat,

¶36

(3 of 3)

¶37

[SAW-541/2018]

¶38

Jodhpur has dismissed the appeal vide order dated 05^th February, 2018. In view of the above, nothing survives in these appeals, rather, applying the order of the Division Bench at Principal Seat, Jodhpur, these appeals may be dismissed.

¶39

Learned counsel for the appellants submits that though the appeal preferred by the State Government before the Division Bench at Principal Seat, Jodhpur has been dismissed but a decision has been taken to approach the Apex Court by way of Special Leave Petition (for short “the SLP”) thus if these appeals are governed by 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 the final outcome of the SLP, if preferred by the State Government. It is to avoid unnecessary litigation by approaching the Apex Court in all the cases.

¶40

The prayer made above has not been opposed by learned counsel for the non-appellants.

¶41

In view of the above, while not causing interference in the order passed by learned Single Judge, these appeals are ordered to be governed by the judgment in the case of Rekha Ram & Ors. (supra). It is, however, made clear that final outcome of the SLP in the case of Rekha Ram & Ors. (supra) before the Apex Court, if preferred by the State Government, would govern the parties.

¶42

With the aforesaid, these appeals are disposed of.

¶43

A copy of this order be placed in each connected file.

¶44

(DINESH CHANDRA SOMANI),J

¶45

(M.N. BHANDARI),J

¶46

Preeti/1-2 & 66

State of Raj and Ors. v. Balram and Anr.

Case brief

What is this about?

What did the court decide?

State of Raj and Ors. v. Balram and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Social Welfare andANR Vs Smt Nathi Devi andANR

R P S C Ajmer Vs Kum Saroj Meena

Kushal Chand Bader and Ors. Vs Smt Renu and Anr.

State of Raj and Ors. Vs Ajay Singh Sharma

Vijay Singh Vs State Home Departmentors

Shobhit Khanna Vs Rajasthan High Court Jodhpur and Anr.