The High Court dismissed the writ petition seeking absorption as the petitioner was promoted in 1999, was 56 years of age, and the court found he must have retired long ago with pension benefits, rendering further adjudication pointless.
The writ petition and all pending applications were dismissed with no order as to costs.
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
S.B. Civil Writ Petition No. 6300/1999
Hari Singh S/o Shri Jhabar Mal, Plot No. 32 Hari Marg, Mansinghpura Tonk Phatak, Jaipur At Present Working As Dy. Director Agriculture Sikar.
----Petitioner
Versus
----Respondents
For Petitioner(s) : None present For Respondent(s) : Mr.Bhagawat Singh Choudhary, Dy.GC
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
02/03/2021
(2 of 2)
[CW-6300/1999]
employees who were working in the Agriculture Department. The petitioner had also submitted his application for seeking absorption but the same was not considered and kept pending. He filed a writ petition before this Court wherein this Court disposed of the writ petition on 30.04.1997 in S.B. Civil Writ Petition No. 3304/1996 with a direction to decide the application seeking absorption. The Director rejected the application for absorption on the ground that the petitioner was not working in the Agriculture Marketing Department till 13.01.1986 because he was already transferred to Agriculture Department on 13.09.1985. The Tribunal has also accepted the said contention and rejected the contentions of the petitioner.
(SANJEEV PRAKASH SHARMA),J
SAURABH YADAV /670/9
2 issues framed by the court
Whether the High Court should interfere in a writ petition regarding absorption where the petitioner has likely retired due to the efflux of time.
Whether to dismiss the writ petition on the ground that there is no purpose for further adjudication on merits due to retirement and pension receipt.
Hari Singh
The Rajasthan Civil Services Appellate Tribunal, Jaipur
The State Of Rajasthan
The Director Of Agricultural
The Director, Agriculture Marketing
Sanjeev Prakash Sharma
Saurabh Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
