The High Court dismissed the appeal filed by the State of Rajasthan against service benefits granted to the respondent. The court held the appeal barred by delay and found no reason to interfere, relying on precedent that pendency of criminal appeals does not deny service benefits.
The appeal and the application for condonation of delay stand dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 1234/2019
----Respondents
For Appellant(s) : Mr. Hemant Choudhary.
HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
09/12/2019
Heard learned counsel for the State and perused the averments made in the appeal as well as application for condonation of delay.
The appeal is barred by 647 days.
We find no adequate justifiable reasons given in the application for considering issue of notice in the matter.
Learned counsel submits that revision application against the acquittal of the respondent is pending adjudication.
We have perused the order passed by the learned Single Judge, who relied upon earlier judgment passed by this Court in
(2 of 2)
[SAW-1234/2019]
SBCWP No.3509/2014 (Chula Ram Heerani Vs. State of Rajasthan & Ors.), wherein such issue has already been held against the State holding that mere pendency of criminal revision or for that matter any appeal against any discharge or acquittal as the case may be, a person cannot be denied regular service benefits.
Consequently, we find no justifiable reason for entertaining this appeal.
Hence, the appeal as well application stand dismissed.
We, however, make it clear that the outcome of the criminal revision petition pending before the appropriate Court shall obviously decide the outcome of the matter.
(DR. PUSHPENDRA SINGH BHATI),J (INDRAJIT MAHANTY),CJ
7-a.asopa/-
2 issues framed by the court
Whether the appeal is barred by 647 days delay without adequate justifiable reasons.
Whether the pendency of a criminal revision against acquittal bars a claim for regular service benefits.
Colour shows how this judgement treated each authority
Chula Ram Heerani Vs. State of Rajasthan & Ors.Relied on¶19
SBCWP No.3509/2014 (Chula Ram Heerani Vs. State of Rajasthan & Ors.)
State of Rajasthan through its Additional Chief Secretary, Department of Education
The Director, Secondary Education, Bikaner
Balram Sharma
The Deputy Secretary (Administration), Department of Personnel
The Director, Directorate of Pension & Pensioners Welfare, Government Of Rajasthan
Indrajit Mahanty
Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
