Rajasthan High Court - Jaipur
Dilip Kumar Samria And Ors vs Prakash Chand Meena And Ors on 30 March, 2012
Author: Arun Mishra
Bench: Arun Mishra
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR (1) D.B. CIVIL SPECIAL APPEAL NO. 220/2012 IN S.B. CIVIL WRIT PETITION NO. 15359/2010 NARENDRA SINGH MEENA & OTHERS VS. THE STATE OF RAJASTHAN & OTHERS. WITH (2) D.B. CIVIL SPECIAL APPEAL(WRIT) NO. 134/2012 IN S.B. CIVIL WRIT PETITION NO. 15440/2010 HUKUM CHAND MEENA & OTHERS VS. RAJASTHAN PUBLIC SERVICE COMMISSION WITH (3) D.B. CIVIL SPECIAL APPEAL(WRIT) NO. 135/2012 IN S.B. CIVIL WRIT PETITION NO. 1725/2011 RANG LAL MEENA VS. RAJASTHAN PUBLIC SERVICE COMMISSION WITH (4) D.B. CIVIL SPECIAL APPEAL(W) NO. 311/2012 IN S.B. CIVIL WRIT PETITION NO. 15370/2010 SURESH CHAND MEENA & OTHERS VS. STATE OF RAJASTHAN & OTHERS. AND (5) D.B. CIVIL SPECIAL APPEAL NO. 329/2012(D) IN S.B. CIVIL WRIT PETITION NO. 15359/2010 DILIP KUMAR SAMRIA & OTHERS VS. PRAKASH CHAND MEENA & OTHERS. DATE OF JUDGMENT: 30.03.2012 HON'BLE THE CHIEF JUSTICE MR. ARUN MISHRA HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN-I Mr. Ashok Gaur, Senior Counsel assisted by Ajatshatru, Mr. R.N. Mathur, Senior Counsel assisted by Mr. Ankul Gupta, Mr. Ram Pratap Saini, Mr. Umesh Kumar Sharma, and Mr. Kuldeep Aswal, for the appellants. Mr. S.N. Kumawat, AAG, Mr. Gaurav Sharma and Mr. Abhishek Pareek, for the respondents.
Heard counsel appearing on behalf of the parties.
Applications have been filed in DB SAW Nos. 220/2012, 311/2012 and 329/2012 seeking leave to file appeals. Applications are disposed of. Permission to file appeals is accordingly granted.
Amendment, which was made in Rajasthan Education Subordinate Service Rules, 1971, was not brought into the notice of the Single Bench. As such, counsel appearing on behalf of the parties have rightly agreed that impugned order be set aside and the Single Bench be directed to consider the effect of the Amendment, which was made in Rajasthan Education Subordinate Service Rules, 1971 and thereafter to render fresh decision.
As agreed by the parties, impugned order is set aside. Cases are remitted to the Single Bench. Office is directed to list the cases before appropriate Bench in the week commencing 09.04.2012.
Appeals are allowed. Stay applications are disposed of.
Parties to bear their own costs.
(NARENDRA KUMAR JAIN-I),J. (ARUN MISHRA),CJ. Manoj All corrections made in the judgment/order have been incorporated in the judgment/order being emailed. MANOJ NARWANI JUNIOR PERSONAL ASSISTANT