Special appeal challenging dismissal of request for early hearing. Bench directed main writ petition to be listed before Single Judge for hearing on 27.3.2019 without adjudicating merits.
Main writ petition listed for hearing on 27.3.2019 before the learned Single Judge.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 301/2019
In
S.B. Civil Writ Petition No.5842/2016
----Appellants
Versus
----Respondents
(2 of 2)
[SAW-301/2019]
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE GOVERDHAN BARDHAR
Judgment
08/02/2019
This appeal has been filed challenging the order of the learned Single Judge dated 9.1.2009, whereby the application for early hearing of the petition was dismissed.
Appellant no.1 present in person argued that the division bench of this Court in the case of the appellants in D.B. Special Appeal (Writ) No.1746/2018 vide order dated 2.1.2019 while dismissing the appeal against the interlocutory order has expressed the view that hearing of the writ petition would be expedited and the matter be decided finally.
Appellant no.1 present in person submitted that as per their case, they are liable to be placed above the private respondents, who came in service 15 years after their appointment. These respondents ought to be treated as junior to them, but have been promoted on the post of Resident Engineer equivalent to Executive Engineer, whereas appellants are still working on the post of Project Engineer, which is equivalent to Assistant Engineer. They are likely to be considered for further promotion.
We cannot in the scope of present appeal go into the merits of the case. We, however, direct that the main writ petition be listed for hearing on 27th March, 2019 before the learned Single Judge.
The appeal is disposed of accordingly.
(GOVERDHAN BARDHAR),J
(MOHAMMAD RAFIQ),J
RS/73
1 issue framed by the court
Whether the division bench order regarding expedited hearing of the main writ petition is correct.
Rohit Singh
Umesh Kumar Goyal
Rajesh Vyas
The Rajasthan Housing Board, Jaipur
Mohammad Rafiq
Goverdhan Bardhar
As recorded by the court registry
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