Rajasthan High Court - Jodhpur
State Of Rajasthan & Ors. vs . Prem Chand & Anr. on 10 July, 2014
Author: Vineet Kothari
Bench: Vineet Kothari
S.B. Civil Writ Petition No.2438/2000
State of Rajasthan & Ors. Vs. Prem Chand & Anr.
Order dt: 10/07/2014
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
ORDER
S.B. Civil Writ Petition No.2438/2000
State of Rajasthan & Ors. Vs. Prem Chand & Anr.
Date of Order ::: 10th July, 2014
PRESENT
HON'BLE Dr. JUSTICE VINEET KOTHARI
Appearance:
Mr. S.R. Paliwal, for the petitioner- State.
Mr. A.K. Rajvanshy, for the respondent No.1/workman.
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BY THE COURT:
1. The petitioner- State of Rajasthan, through the Principal Chief Conservator of Forests, Jaipur, has preferred this writ petition against the order dated 09.11.1999 (Annex.5) passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur, whereby the learned Tribunal while granting relaxation of one and half week of overage to the respondent/workman, namely, Prem Chand, has treated him in the confirmed Work Charge Employees and, therefore, ordered for absorption of the petitioner with other such work charge employees, in the regular cadre by the petitioner State, and he was also given the same benefit.
2. Initially, by a exparte interim order dated 21.07.2000, a coordinate bench of this Court stayed the operation and effect of the judgment dated 09.11.1999 (Annex. 5), however, another coordinate bench of this Court after hearing both the learned S.B. Civil Writ Petition No.2438/2000 State of Rajasthan & Ors. Vs. Prem Chand & Anr.
Order dt: 10/07/2014 2/2 counsels, rejected the stay petition vide the order dated 23.03.2001.
3. The services of the respondent/workman have, therefore, been regularized way back in the year 2001, about 14 years back, and on achieving the age of superannuation, the respondent No.1 has retired from the services, therefore, the present writ petition has become infructuous and even otherwise this Court does not find any ground to interfere under Article 227 of the Constitution of India with the impugned order dated 09.11.1999 (Annex.5) passed by learned Tribunal while exercising its discretion for granting relaxation of one and half week of the overage of the respondent/workman.
4. In view of above discussion, the present writ petition filed by the petitioner State is found to be bereft of any merit and, the same is accordingly dismissed. No costs. A copy of this order be sent to the concerned parties forthwith.
(Dr. VINEET KOTHARI), J.
DJ/-
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