Rajasthan High Court - Jaipur
The State Of Rajasthan & Ors vs . Sultan Singh on 23 July, 2015
Author: Alok Sharma
Bench: Alok Sharma
In the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur ORDER 1.S.B. Civil Writ Petition No.9363/2015 The State of Rajasthan & Ors Vs. Sultan Singh 2. S.B. Civil Writ Petition No.9404/2015 The State of Rajasthan & Ors Vs. Nawab Ali 3. S.B. Civil Writ Petition No.9417/2015 The State of Rajasthan & Ors Vs. Subhash Chand Date of Order : 23.7.2015 HON'BLE MR. JUSTICE ALOK SHARMA Dr.A.S. Khangarot-Addl. Govt. Counsel for the petitioners
A challenge has been made in these petitions to the order dated 9.4.2014 passed by the Rajasthan Appellate Tribunal, Jaipur (hereinafter 'the Tribunal').
Heard learned counsel for the petitioners and perused the order dated 9.4.2014 passed by the Tribunal.
By the impugned order dated 9.4.2014 the Tribunal has held that the respondents herein albeit appointed Constables (General) but posted as Constables (M.T.) for years and also included in the seniority list of Constables (M.T.), could not be reverted to the post of Constables General only on the ground that they have been so posted in the first instance after coming into force the Rules of 1989. The Judgment of the Tribunal is based upon the Judgments of this Court in the cases of Om Prakash Vs. State of Rajasthan (S.B. Civil Writ Petition No. 6698/2003) decided on 1.6.2007 and as also in Ramesh Singh Vs. State of Rajasthan & Ors (S.B. Civil Writ Petition No. 8253/2010) decided on 12.8.2011. Aside of the aforesaid it has also come to the notice of the Court that on the same issue the State of Rajasthan preferred appeals (Civil Appeal No. 1766/2015- State of Rajasthan and Others Vs. Banney Khan & Other, and other connected appeals) before the Hon'ble Apex Court which have also been dismissed on 12.5.2015. The writ petitioner therefore now has no recourse except to comply with the impugned Judgment passed by the Tribunal, fortified as it is, aside with the Judgments of this Court, now also with the Judgment of the Hon'ble Supreme Court.
In the facts obtaining, I find no force in these petitions. Accordingly dismissed.
Registry is directed to place a copy of this order in other connected petitions.
(ALOK SHARMA), J Sharma NK All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
NK Sharma, Sr.P.A