Rajasthan High Court - Jodhpur
State Of Rajasthan vs Harish on 27 May, 2022
Bench: Sandeep Mehta, Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
(1) D.B. Civil Special Appeal (Writ) No.180/2020
1. State of Rajasthan through the Secretary, Department of
Rural Development and Panchayati Raj, Government of
Rajasthan, Secretariat, Rajasthan, Jaipur.
2. The Zila Parishad, Bhilwara through its Chief Executive Officer.
3. The Vikas Adhikari Panchayat Samiti, Suvana, District
Bhilwara.
----Appellants
Versus
Ashok Kumar Bishnoi S/o Late Shri Bansi Lal Bishnoi, B/c
Bishnoi, R/o Village Post Dariba, Via Pur, District Bhilwara,
Rajasthan.
----Respondent
(2) D.B. Civil Special Appeal (Writ) No.182/2020
1. State of Rajasthan through the Secretary, Department of
Rural Development and Panchayati Raj, Government of
Rajasthan, Secretariat, Rajasthan, Jaipur.
2. The Zila Parishad, Bhilwara through its Chief Executive
Officer.
3. The Vikas Adhikari Panchayat Samiti, Suvana, District
Bhilwara.
----Appellants
Versus
Rajkumar Regar S/o Shri Ratan Lal Regar, B/c Regar, R/o New
Abadi, Mataji Ka Khera, Mukam Post Suvana, District Bhilwara.
----Respondent
(3) D.B. Civil Special Appeal (Writ) No.183/2020
1. State of Rajasthan through the Secretary, Department of
Rural Development and Panchayati Raj, Government of
Rajasthan, Secretariat, Rajasthan, Jaipur.
2. The Zila Parishad, Bhilwara through its Chief Executive
Officer.
(2 of 4) [SAW-180/2020]
3. The Vikas Adhikari Panchayat Samiti, Raipur, District
Bhilwara.
----Appellants
Versus
Shanshah Pathan S/o Late Shri Hazi Jabbar Khan, B/c
Musalman, R/o Near Hostel Raipur, District Bhilwara,
Rajasthan.
----Respondent
(4) D.B. Civil Special Appeal (Writ) No.224/2020
1. State of Rajasthan through the Secretary, Department of
Rural Development and Panchayati Raj, Government of
Rajasthan, Secretariat, Rajasthan, Jaipur.
2. The Zila Parishad, Bhilwara through its Chief Executive
Officer.
3. The Vikas Adhikari Panchayat Samiti, Kotri, District
Bhilwara.
----Appellants
Versus
Mukesh Kumar Bairwa S/o Mooduram Bairwa, B/c Bairwa,
R/o Mukam Post Kakaraliya Ghati Via Bigod, Tehsil Kotri,
District Bhilwara.
----Respondent
(5) D.B. Civil Special Appeal (Writ) No.292/2020
1. State of Rajasthan through the Secretary, Department
of Rural Development and Panchayati Raj, Government of
Rajasthan, Secretariat, Rajasthan, Jaipur.
2. The Zila Parishad, Bhilwara through its Chief Executive
Officer.
3. The Vikas Adhikari Panchayat Samiti, Mundwa, District
Nagour.
----Appellants
Versus
Harish S/o Late Shri Om Prakash, Aged 29 Year, R/o
Village Post Inanna, Via Mundwa, District Nagour.
----Respondent
(3 of 4) [SAW-180/2020]
For Petitioner(s) : Mr. Sunil Beniwal, AAG
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Judgment
27/05/2022
These five intra court appeals are directed against the
identical orders (details whereof are provided hereinbelow in
tabular form), whereby the learned Single Bench accepted the writ
petitions preferred by the respondents-writ petitioners and
quashed the action of the appellants herein in denying Annual
Grade Increments to the respondent-petitioners and/or not
considering them for promotion, if otherwise eligible. It was
further directed that the writ petitioners would be entitled to grant
of Annual Grade Increment from the date they were entitled to the
same and arrears in this regard would be paid to them. Further in
case the petitioners are/were eligible for promotion, their cases
would be considered in this regard.
S.No. SAW No. WP No. Date of impugned order
1. 180/2020 10337/2017 01.07.2019
2. 182/2020 10210/2017 15.05.2019
3. 183/2020 10195/2017 15.05.2019
4. 224/2020 10304/2017 15.05.2019
5. 292/2020 14714/2019 01.10.2019
All the appeals are barred by limitation. Applications
under Section 5 of the Limitation Act have been moved to condone
the delay.
(4 of 4) [SAW-180/2020]
Learned Additional Advocate General Mr. Sunil Beniwal
frankly concedes that the order dated 04.04.2019 passed in S.B.
Civil Writ Petition No.10333/2017 (Mohhamad Umer Rangrej Vs.
State of Rajasthan & Ors.), relying upon which the learned Single
Bench has passed the impugned orders, was assailed by the State
by filing Special Appeal (Writ) No.1410/2019, which has been
dismissed by the co-ordinate Division Bench vide judgment dated
22.11.2021.
In view of the fact that the co-ordinate Division Bench
has already concluded that the controversy involved in these
matters lacks merit, no useful purpose would be served by
condoning the delay in filing the appeals. Thus, these appeals are
dismissed as being time barred so also on merits.
(VINOD KUMAR BHARWANI),J (SANDEEP MEHTA),J
Pramod
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