Division Bench governed the appeals by the order of the Principal Seat at Jodhpur in Rekha Ram & Ors., dismissing them while noting pending SLP at the Apex Court may govern parties.
Appeals dismissed; parties to be governed by final outcome of SLP in Rekha Ram & Ors.
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
1. D.B. Special Appeal Writ No. 541/2018
2. D.B. Special Appeal Writ No. 542/2018
----Appellants
Versus
----Respondents
3. D.B. Special Appeal Writ No. 325/2018
(2 of 3)
[SAW-541/2018]
Government Secretariat, Jaipur.
----Appellants
Versus
----Respondents
For Appellant(s) : Mr.Karan Tibrewal for Mr.Rajendra Prasad, AAG For Respondent(s) : Mr.Suveer Gaur for Mr.Ajatshatru Mina
HON'BLE MR. JUSTICE M.N. BHANDARI HON'BLE MR. JUSTICE DINESH CHANDRA SOMANI
Judgment
17/05/2018
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,
(3 of 3)
[SAW-541/2018]
Jodhpur has dismissed the appeal vide order dated 05th 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.
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.
The prayer made above has not been opposed by learned counsel for the non-appellants.
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.
With the aforesaid, these appeals are disposed of.
A copy of this order be placed in each connected file.
(DINESH CHANDRA SOMANI),J
(M.N. BHANDARI),J
Preeti/1-2 & 66
1 issue framed by the court
Whether these appeals should be governed by the order of the Division Bench at Principal Seat, Jodhpur in State of Rajasthan & Anr. Vs. Rekha Ram & Ors.
Colour shows how this judgement treated each authority
State of Rajasthan & Anr. Vs. Rekha Ram & Ors.Referred¶35
State of Rajasthan & Anr. Vs. Rekha Ram & Ors.
State Of Rajasthan
Rajasthan Public Service Commission
Balram
Sudesh Kumar Sharma
M.N. Bhandari
Dinesh Chandra Somani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
