A division bench dismissed a review petition challenging an order denying the creation of a separate cadre of Munsrim. The bench held that the documents did not legally establish inclusion under the rule and found no error apparent on the face of the record.
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[2023/RJJP/010590]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Review Petition (Writ) No. 111/2022
Hemant Kumar Lukkar Son Of Shri Hans Raj Lukkar, Aged About 61 Years, Resident Of 70, Indraprasth Colony, Vaishali Nagar, Jaipur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. J.K. Singhi, Sr. Adv. assisted by Mr. Tarun K. Verma, Adv.
HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
12/05/2023
This review arises from order dated 09.12.2021 passed by Division Bench of this Court by which the appeal has been disposed of.
Learned counsel for the petitioner would submit that a case for review is made out because the Division Bench while recording the finding that there is no separate cadre of Munsrim, has not
[2023/RJJP/010590]
[WRW-111/2022]
(2 of 2)
properly appreciated the documents on record relating to creation of post of Munsrim and creation of such a post with regard to the legal position under the relevant recruitment rules.
The finding recorded by Division Bench in the order under review is that there is no separate cadre of Munsrim and, therefore, the petitioners are not entitled to any relief as prayed for. The documents which are being referred to seek review do not make out a case of inclusion of post of a Munsrim under the rule by itself. Even if it is admitted that post of Munsrim has been created, the finding recorded by the Division Bench that there is no separate rule relating to Munsrim does not suffer from any error apparent on the face of record. Therefore, no case is made out for review.
This review petition is accordingly dismissed.
(UMA SHANKER VYAS),J
(MANINDRA MOHAN SHRIVASTAVA),ACTING CJ
GAURAV SHARMA /3
3 issues framed by the court
Whether the finding that there is no separate cadre of Munsrim is an error apparent on the face of the record warranting review.
Whether the petitioner is entitled to any relief under the representation of posts rules.
If no case for review is made out, how should the review petition be disposed of?
Hemant Kumar Lukkar
State Of Rajasthan
Chairman, Rajasthan State Cooperative Tribunal
Principal Secretary To Government Of Rajasthan, Department Of Finance
Rajasthan Civil Services Appellate Tribunal
Manindra Mohan Shrivastava
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
