The Division Bench dismissed the appeal filed by the State against the High Court of Rajasthan, relying on the reasoning applied in the Parbat Singh case and the subsequent dismissal of a special appeal.
The appeal was dismissed with no merit found.
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 AT JODHPUR
D.B. Spl. Appl. Writ No. 369/2021
Versus
----Respondents
For Appellant(s) : Mr. Surendra Singh Rathore for Mr. Karan Singh Rathore, AAG. For Respondent(s) : Mr. Manoj Bhandari
HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
11/08/2021
Heard learned counsel for the parties.
The order impugned dated 22.02.2021 has been passed while relying upon the judgment in the case of Parbat Singh Vs. State of Rajasthan & Others : S.B. Civil Writ Petition No.10159/2015, decided on 29.11.2016.
Learned counsel for the respondents has submitted that judgment pronounced in the case of Parbat Singh (supra) was assailed by filing a D.B. Special Appeal (W) No.1703/2018 before this Court and the same has been dismissed by a reasoned order dated 14.11.2018 in the following terms:
(2 of 2)
[SAW-369/2021]
“6. The learned Single Judge has noted that the circular does not speak about the deferment of ACP benefit but applying analogous principles even ACP benefits could be deferred. The learned Single Judge has noted that ACP benefit is granted on account of stagnation and promotion not being earned i.e. financial implication being the same whether ACP benefit is deferred by five years or promotion is deferred by five years. The learned Single Judge has held that once ACP benefits was deferred by five years the writ petitioner could not be penalized once again. We agree.
For the same reason, the present appeal has no merit and
same is, hereby, dismissed.
(VINIT KUMAR MATHUR),J
(INDRAJIT MAHANTY),CJ
8-a.asopa/-
2 issues framed by the court
Whether the dismissal of the earlier appeal warrants dismissal of the present special appeal in identical circumstances.
Whether ACP benefits could be deferred under analogous principles when promotion is deferred.
Colour shows how this judgement treated each authority
Parbat Singh Vs. State of Rajasthan & OthersRelied on¶15
Parbat Singh Vs. State of Rajasthan & Others : S.B. Civil Writ Petition No.10159/2015
D.B. Special Appeal (W) No.1703/2018Followed¶16
State Of Rajasthan
The Chief Engineer, P.W.D., Jaipur
Jitendra Sharma
Manoj Kumar Dubey
Mr. Indrajit Mahanty
Mr. Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
