Dismissed

Hari Ram Godara v. State of Rajasthan

Rajasthan HC6 Oct 2018WRW/180/2018

Case brief

AI extract

What is this about?

The Division Bench disposed of a review petition challenging a dismissal of a writ appeal regarding service appointment. The court dismissed the review application due to a 139-day delay without condonation and noted the petitioner failed to seek an extension of time under Order 41 Rule 27 CPC for additional documents available before the writ appeal.

What did the court decide?

The application seeking review is dismissed.

Hari Ram Godara Vs State of Rajasthan — Service and Employment | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Writ Review No. 180/2018

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Hari Ram Godara S/o Shri Jai Ram Godara, Aged about 50 years, R/o Plot No.19/72, Karni Nagar, Basani, 1^st Phase, Jodhpur, Rajasthan.

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----Petitioners

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Versus

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State of Rajasthan through the Secretary, Department of Education, Government of Rajasthan, Jaipur, Rajasthan.

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The Director, Secondary Education, Bikaner, Rajasthan.

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The Deputy Director, Secondary Education, Jodhpur Division, Jodhpur, Rajasthan.

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The District Education Officer, Secondary Education, Jodhpur, Rajasthan.

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The Secretary, Rajasthan Public Service Commission, Ajmer, Rajasthan.

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----Respondents

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For Petitioner(s) : Kailash Jangid For Respondent(s) : ---

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HON'BLE THE CHIEF JUSTICE MR. PRADEEP NANDRAJOG HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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06/10/2018

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The writ appeal was dismissed on 14^th November, 2017 noting that letter offering appointment was issued to the appellant on 22^nd December, 2014 requiring him to join forthwith. He did not join and submitted an application praying that joining time be extended till 10^th October, 2015. Claim was predicated on the plea that appellant was under treatment for some bronchial disease. Letter offering appointment was cancelled on 17^th April, 2015. Writ petition was filed on 14^th December, 2015.

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(2 of 2)

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[WRW-180/2018]

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The Division Bench had upheld the view taken by the learned Single Judge that the appellant had adopted a strategy to complete probation as a Laboratory Technician so that he could claim benefit of service rendered as a Laboratory Technician while joining service as per letter offering appointment.

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Seeking review, copies of replies received under the RTI Act on 30^th November, 2016, 30^th January, 2017 and 30^th May, 2017 are relied upon to urge that said information shows that qua some persons time was extended for joining.

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The information now sought to be placed while seeking review was available with the appellant when the writ appeal was filed. He did not filed an application under Order 41 Rule 27 of the Code of Civil Procedure praying to the Court to look into the additional documents which the appellant had obtained after the writ petition was dismissed. That apart, every case for seeking extension of time to join would be premised on the facts of each case and there would be no parity simply on the plea that for somebody time was extended to join and qua the appellant the time was not extended.

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We also note that there is a delay of 139 days in seeking review and no application has been filed under Section 5 of the Limitation Act praying for delay in seeking review to be condoned. 6. The application seeking review is dismissed.

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(DR. PUSHPENDRA SINGH BHATI),J

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(PRADEEP NANDRAJOG),CJ

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Mohit Tak

Hari Ram Godara v. State of Rajasthan

Case brief

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Hari Ram Godara v. State of Rajasthan

Case brief

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