State Of Rajasthan vs Pratap Ram Choudhary ...
2023 Latest Caselaw 7918 Raj

[2023:RJ-JD:32688-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Special Appeal Writ No. 682/2023

1. State of Rajasthan, through the Principal Secretary, Government of Rajasthan, Education Department, Jaipur.

2. The Director (Secondary Education), Bikaner.

3. The Joint Director (School Education), Jodhpur Division, Jodhpur.

4. The District Education Officer (Secondary Education), Jodhpur

----Appellants Versus Pratap Ram Choudhary S/o Shri Gopa Ram Choudhary, Aged About 57 Years, R/o Khari Kalan, Palasni, Jodhpur (Raj.).

----Respondent

For Appellant(s) : Mr. Pankaj Sharma, AAG with Mr. Dhariyaditya Rathore, AAAG

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Judgment

04/10/2023

1. The present appeal is barred by 158 days and one another

defect has been pointed out by the Registry, however, the same

has not been cured.

2. Along with the present appeal the application under Section

5 of the Limitation Act has also been filed.

3. We have perused the contention of the application under

Section 5 of the Limitation Act, however, found that the appellant

has failed to satisfactorily explain the delay in filing the present

appeal.

[2023:RJ-JD:32688-DB] (2 of 3) [SAW-682/2023]

4. It is noticed that though the Directorate, Bikaner sent

proposal for filing an appeal to the Government on 28.02.2023 but

the sanction for the same was granted on 03.08.2023 only and

the delay caused in taking the said decision has not been

explained.

5. Be that as it may, the learned Single Judge has disposed of

the writ petition in terms of the decision dated 29.11.2016

rendered by the learned Single Judge of this Court in S.B. Civil

Writ petition No.10159/2015 (Parbat Singh Vs. State of

Rajasthan & Ors.).

6. The decision dated 29.11.2016 rendered by the learned

Single Judge in Parbat Singh's case (supra) has also been

affirmed by the Division Bench of this Court vide order dated

14.11.2018 rendered in D.B. Special Appeal Writ

No.1703/2018 (State of Rajasthan & Ors. Vs. Parbat Singh)

while observing as under :-

"6. The learned Single Judge has noted that the circular does not speak about the deferment of ACP benefit but applying analogous principles even ACP benefits could be deferred. The learned Single Judge has noted that ACP benefit is granted on account of stagnation and promotion not being earned i.e. financial implication being the same whether ACP benefit is deferred by five years or promotion is deferred by five years. The learned Single Judge has held that once ACP benefits was deferred by five years the writ petitioner could not be penalized once again. We agree.

7. We supplement the reasoning of the learned Single Judge. The third child of the respondent was born on 27.09.2004. He thus became liable not to be considered for promotion for a period of five years. The vacancies which

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were considered were ultimately filled up in the year 2015. By the time five years deferment period had lapsed."

7. Learned counsel for the appellant has failed to persuade us

to take a different view.

8. In such circumstances, we don't find any merit in this special

appeal writ the and the same is, therefore, dismissed on the

ground of delay as well as on merits.

9. The stay petition also stands dismissed.

(YOGENDRA KUMAR PUROHIT),J (VIJAY BISHNOI),J

Abhishek Kumar S.No.124

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