State Of Rajasthan vs Mohammed Yasin
2022 Latest Caselaw 2887 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

D.B. Spl. Appl. Writ No. 580/2021

State Of Rajasthan

----Appellant Versus Mohammed Yasin

----Respondent Connected With D.B. Spl. Appl. Writ No. 545/2021 State Of Rajasthan

----Appellant Versus Gyarasi Lal Meena

----Respondent D.B. Spl. Appl. Writ No. 546/2021 State Of Rajasthan

----Appellant Versus Islam Mohammed

----Respondent

For Appellant(s) : Mr. Sunil Beniwal, AAG For Respondent(s) : Mr. Sunil Purohit

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

22/02/2022

Heard.

Mr. Sunil Beniwal, learned Additional Advocate General, in

these appeals would submit that the learned Single Judge has

granted relief by holding that the issue raised in the writ petition

filed by the respondent is covered by judgment of this Court in the

case of Shree Gopal Gaur Vs. State of Rajasthan & Ors..

(2 of 2) [SAW-580/2021]

According to learned Additional Advocate General, the

decision in that case turned upon interpretation of Rule 12 (b) of

the Rajasthan Civil (Pension) Rules, 1996, whereas in the present

case different rules are applicable as contained in Rule 10 of the

Rajasthan Municipal Service (Pension) Rules 1989.

After going through order passed by the learned Single

Judge, we find that the points now being raised has never been

raised before the learned single judge, therefore, learned single

judge could not consider this aspect.

Having not raised this issue before the learned single judge,

as an appellate court, we are not inclined to interfere. However,

we give the State opportunity to file review petition before the

learned single judge.

The special appeals are, therefore, dismissed.

(MADAN GOPAL VYAS),J (MANINDRA MOHAN SHRIVASTAVA),J

47-49-Hanuman/-

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