Disposed

Pramod Bhati S/O Shri Satyanarayan Bhati v. State of Rajasthan

Rajasthan HC12 May 2023SAW/1011/2022

Case brief

AI extract

What is this about?

In this Special Appeal Writ, the Bench disposed of the appeal by modifying the vacating of an interim order. The appointment was made subject to the writ petition's outcome, and incumbents cannot be confirmed without the Court's leave. Merits were not examined as the main writ petition remains pending.

What did the court decide?

Appointment made against vacancy is subject to final outcome of writ petition; respondents shall not confirm incumbent without leave of this Court.

Pramod Bhati S/O Shri Satyanarayan… — Constitutional and Fundamental Rights | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Special Appeal Writ No. 1011/2022

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Pramod Bhati S/o Shri Satyanarayan Bhati

----Appellant

Versus

State Of Rajasthan

----Respondent

For Appellant(s)	: Mr.	Manish Saini
For Respondent(s)	: Mr.	Pradeep Kalwania

¶9

HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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12/05/2023

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This appeal arises out of order dated 17.08.2022 passed by learned Single Judge by which interim order has been vacated.

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Learned counsel for the appellant would submit that the appellant’s case has not been examined in proper perspective and the judgment in the case of State of Rajasthan & Anr. Vs. Narayan Lal Gurjar in D.B. Special Appeal Writ No.793/2019 is not applicable in the case of the appellant.

¶14

On the other hand, learned counsel for the respondents would submit that learned Single Judge has vacated the interim order, taking into consideration that the circular dated 13.01.2020 was issued in compliance of the order dated 31.05.2019 passed by the Division Bench of this Court in D.B. Special Appeal Writ No.793/2019 (supra).

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Considering that the writ petition is still pending, without commenting upon the merits of the case, we are inclined to dispose off this appeal with the modification that the appointment

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(2 of 2) [SAW-1011/2022]

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made against the vacancy will be subject to the final outcome of the writ petition and the respondents shall not confirm the incumbent, if not already confirmed, without the leave of this Court.

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The appeal is, accordingly, disposed off.

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(ANIL KUMAR UPMAN),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

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CHARU SONI /54

Pramod Bhati S/O Shri Satyanarayan Bhati v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Pramod Bhati S/O Shri Satyanarayan Bhati v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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