State Of Rajasthan vs Dr. Madan Raj Choudhary ...
2024 Latest Caselaw 7927 Raj

Rajasthan High Court - Jodhpur

State Of Rajasthan vs Dr. Madan Raj Choudhary ... on 10 September, 2024

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2024:RJ-JD:37511-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   D.B. Spl. Appl. Writ No. 172/2022

1.       State   of     Rajasthan,        through       the     Secretary,   College
         Education, Government of Rajasthan, Jaipur.
2.       Secretary,        Department             of       Personnel      (Group-I)
         Department, Government of Rajasthan, Jaipur.
3.       Commissioner,           College       Education,           Government    of
         Rajasthan, Jaipur.
4.       Director, Pension and Pensioners Welfare Department,
         Government of Rajasthan, Jaipur.
                                                                      ----Appellants
                                       Versus
Dr. Madan Raj Choudhary, aged about 62 Years, Resident of 17E
Chopasni Housing Board Jodhpur
                                                                     ----Respondent


For Appellant(s)             :     Ms. Mehali Mehta on behalf of
                                   Mr. Manish Patel, AAG
                                   Mr. Jai Pareek
For Respondent(s)            :     Mr. Harish Purohit
                                   Mr. Shashank Sharma



      HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

10/09/2024

In I.A. No.01/23:-

This application has been filed seeking condonation of delay

of 1844 days. In this application, the statements have been made

by the appellant-State of Rajasthan to demonstrate that delay so

caused in filing the present special appeal was on account of the

circumstances beyond the control of its officers.

2. Mr. Harish Purohit, the learned counsel appearing for the

respondent refers to the judgment in "Postmaster General v.

[2024:RJ-JD:37511-DB] (2 of 2) [SAW-172/2022]

Living Media India Ltd." (2012) 3 SCC 563, to raise an objection to

the application seeking condonation of delay.

3. After having a glance at the aforementioned statements

made in the application under Section 5 of the Limitation Act,

1963, we have formed an opinion that the State of Rajasthan

being a litigant cannot claim a different treatment in respect of

condonation of delay. However, to satisfy ourselves whether not

granting any indulgence in this matter may cause any irreparable

loss to the appellant-State of Rajasthan, we have also glance

through the order passed by the writ Court.

4. The respondent was aggrieved by the inaction on the part of

the respondent-Authorities who did not consider his claim for

promotion to the post of Principal, in a Degree College. The writ

Court referring to Rule 26A of the Rajasthan Service Rules, 1951

observed that a government servant who holds a post even on

temporary or officiating capacity is entitled for initial pay in the

time-scale of the higher post.

5. We, therefore, find prima facie substance in the opinion

rendered by the writ Court and, therefore, not inclined to entertain

I.A. No.01/23 which is dismissed.

In D.B. Special Appeal Writ No. 172/2022:-

On dismissal of I.A. No.01/23, the present D.B. Special

Appeal Writ No. 172/2022 also stands dismissed.

(KULDEEP MATHUR),J (SHREE CHANDRASHEKHAR),J 13-KshamaD/-

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