Bhupendra Kumar Darji vs The Principal Secretary, ...
2021 Latest Caselaw 7353 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3152/2021

Bhupendra Kumar Darji S/o Shri Mohan Lal Darji, Aged About 31 Years, R/o Vpo Hathai, Tehsil Dungarpur, District Dungarpur.

----Petitioner Versus

1. The Principal Secretary, Panchyati Raj Dept., Government Of Rajasthan, Secretariat, Jaipur.

2. Director Elementary Education, Directorate Bikaner, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Raghunandan Sharma through Cisco Webex App For Respondent(s) : Mr. Manish Vyas, AAG

JUSTICE DINESH MEHTA

Order

16/03/2021

1. Mr. Raghunandan Sharma, learned counsel for the petitioner

submits that the issue involved in the present writ petition is

squarely covered by the judgment dated 29.01.2021, passed by

the Jaipur Bench of this Court in Shanker Lal Jat Vs. State of Raj.

& Ors. (S.B. Civil Writ Petition No.4628/2019), which has been

passed in light of the Division Bench judgment dated 07.01.2020,

passed in D.B. Spl. Appeal Writ No.924/2019; Principal Secretary

Education Department (Elementary) Govt. of Raj. & Ors. Vs.

Urmila Devi & Ors.

2. Mr. Manish Vyas, learned Additional Advocate General

appearing for the respondent State submits that against the above

referred Division Bench judgment dated 07.01.2020, the State has

(2 of 2) [CW-3152/2021]

preferred a Special Leave to Appeal being SLP (c) No.8025/2020,

wherein Hon'ble the Supreme Court has stayed the operation of

the judgment aforesaid, vide its interim order dated 20.07.2020.

3. Learned counsel for the petitioner submits that the writ

petition be disposed of in terms of the judgment of the learned

Single Bench dated 29.01.2021 and 07.01.2020, passed in D.B.

Special Appeal Writ no.924/2019, however, with a condition that

petitioner's rights would be governed by the final judgment to be

passed by Hon'ble the Supreme Court in abovereferred Special

Leave to Appeal (c) No.8025/2020.

4. This being the position, the present writ petition is disposed

of in terms of the judgment dated 29.01.2021, passed in Shanker

Lal Jat Vs. State of Raj. & Ors. S.B. Civil Writ Petition

No.4628/2019, so also the Division Bench Judgment dated

07.01.2020, passed in D.B. Special Appeal Writ no.924/2019,

subject of course to a stipulation that the ultimate fate of the

petitioner shall be governed by the final order or other order

passed by Hon'ble the Supreme Court in Special Leave to Appeal

(c) No.8025/2020.

5. Stay petition also stands disposed of accordingly.

(DINESH MEHTA),J 56-Ramesh/-

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