Magaram vs State Of Rajasthan
2021 Latest Caselaw 19168 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 95/2021

Magaram S/o Chunni Lal, Aged About 51 Years, Dhani Kumharan, Tehsil Taranagar, District Churu

----Appellant Versus

1. State Of Rajasthan, District Churu

2. Chief Conservator Of Forest, District Jaipur

3. Deputy Conservator Of Forest, Forest Department, Churu

----Respondents

For Appellant(s) : Mr. D.D. Chitlangi For Respondent(s) : Mr. Digvijay Singh Jasol

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

16/12/2021

The counsel for appellant submits that his suit for declaration

seeking correction in the date of birth from 01.12.1959 to

01.12.1969, was decreed by trial Court vide judgment dated

28.11.2019, however, on filing of the first appeal by the

respondent State, the first appellate court has reversed the

judgment of trial court, vide judgment impugned dated

24.08.2021.

The counsel for appellant submits that the appellant is a

work charge employee and continuing in service as on date,

however, if the impugned judgment of first appellate court dated

24.08.2021 is not stayed, same may adversely affect and

respondents may remove the appellant from service, even before

hearing of this appeal. So at least till hearing of appeal, interim

protection be given.

(2 of 2) [CSA-95/2021]

The appeal may be heard for admission and interim stay on

the next date.

List the matter on 12.01.2022.

Till next date, appellant may not be removed from service, if

he is continuing his services.

(SUDESH BANSAL),J 115-AnilKC/-

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