Citation : 2021 Latest Caselaw 16181 Raj
Judgement Date : 25 October, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 669/2019
1. State Of Rajasthan, Through The Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur
2. Director Elementary Education, Bikaner, Rajasthan.
3. Chief Executive Officer, Zila Parishad, Nagaur.
----Appellants Versus Ram Kumar S/o Shri Moola Ram, Aged About 39 Years, R/o Vpo Dholiya, Tehsil Ladnun, Dist. Nagaur, Rajasthan.
----Respondent
For Appellant(s) : Mr. Pankaj Sharma, AAG
Mr. Deepak Chandak, AGC
For Respondent(s) :
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE SUDESH BANSAL
Judgment / Order
25/10/2021
This Special Appeal has been preferred on behalf of the
respondent-State being aggrieved with the order dated
03.08.2018 passed by the learned Single Judge in SB Civil Writ
Petition No.11236/2013 (Ram Kumar Vs. State of Rajasthan &
Ors.).
The office has reported that the appeal is barred by
limitation of 43 days and the application of under Section 5 of the
Limitation Act has also been filed along with the appeal.
Learned counsel for the appellants has submitted that the
delay in filing the appeal is bonafide and not intentional.
(2 of 2) [SAW-669/2019]
On merits, learned counsel for the appellants has submitted
that the respondent is not entitled to get any relief as per order
dated 20.12.2017 passed in SB Civil Writ Petition No. 11461/2017
(Budha Ram Jajra Vs. State of Rajasthan & Ors.).
We have gone through the impugned order passed by the
learned Single Judge. The learned Single Judge has simply gave
directions to the respondents to decide the representation of the
respondent Ram Kumar in terms of Budha Ram Jajra's case
(supra) within a period of 60 days strictly in accordance with law.
We are of the opinion that if the respondent is not entitled to
get any relief in terms of Budha Ram Jajra's case (supra), the
respondent-State can otherwise decide his representation
mentioning the same reason.
In such circumstances, we do not find any case for
interference in this special appeal and the same is dismissed as
such.
The application of under Section 5 of the Limitation Act is
also disposed of.
(SUDESH BANSAL),J (VIJAY BISHNOI),J
2-Arun/-
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