Rajasthan High Court - Jaipur
Makbool Ahmed vs State Of Raj And Ors on 13 February, 2012
Author: Mn Bhandari
Bench: Mn Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER 1.SB Civil Writ Petition No.2427/2007 Jai Singh Versus State of Rajasthan & ors 2. SB Civil Writ Petition No.2620/2007 Smt Chandi Bai versus State of Rajasthan & ors 3. SB Civil Writ Petition No. 5562/2007 Smt Janki Devi versus State of Rajasthan & ors 4. SB Civil Writ Petition No.5563/2007 Raghunath versus State of Rajasthan & ors 5. SB Civil Writ Petition No. 5564/2007 Smt Chandrawati versus State of Rajasthan & ors 6. 5565/2007SB Civil Writ Petition No. Smt Kailash Devi versus State of Rajasthan & ors 7. SB Civil Writ Petition No. 5566/2007 Bharat Singh & anr versus State of Rajasthan & ors 8. SB Civil Writ Petition No. 5567/2007 Smt Chhoti Devi versus State of Rajasthan & ors 9. SB Civil Writ Petition No. 5568/2007 Smt Anno versus State of Rajasthan & ors 10. SB Civil Writ Petition No. 371/2008 Jamila B versus State of Rajasthan & ors 11. SB Civil Writ Petition No. 2325/2008 Smt Manjeet Kaur versus State of Rajasthan & ors 12. SB Civil Writ Petition No. 2765/2008 Smt Shanti Devi versus State of Rajasthan & ors 13. SB Civil Writ Petition No. 2769/2008 Bansi Lal versus State of Rajasthan & ors 14. SB Civil Writ Petition No. 2775/2008 Bahfati & anr versus State of Rajasthan & ors 15. SB Civil Writ Petition No. 2778/2008 Srinarayan & anr versus State of Rajasthan & ors 16. SB Civil Writ Petition No.3553/2008 Mohan Singh versus State of Rajasthan & ors 17. SB Civil Writ Petition No. 5495/2008 Ganesh Narayan Saini versus Commissioner, Regional Provident Fund(PF) & ors 18. SB Civil Writ Petition No. 5739/2008 Makbool Ahmed versus State of Rajasthan & ors 19. SB Civil Writ Petition No. 6028/2008 Mst Bhooli Devi versus State of Rajasthan & ors 13.2.2012 HON'BLE MR. JUSTICE MN BHANDARI Mr Suresh Kashyap for petitioners Mr Pradeep Kalwania, Dy GC Mr Vinod Goyal Mr Virendra Dave Mr MD Agrawal for respondents Mr Brijesh Dhabhai for Mr TP Sharma for Union of India BY THE COURT:
Since on same set of facts, similar relief has been claimed, all these writ petitions have been heard together and decided by this common order.
It is stated that the controversy involved in the present matters has already been settled by the Division Bench of this court in bunch of special appeals led by State of Rajasthan & ors versus Bhoma Ram & ors, DB Special Appeal (Writ) No.1327/2008, decided on 14.12.2010. Leave to Appeal against the aforesaid judgment is pending before the Apex Court. One of the appeals preferred by the State in the case of Mohd Rafiq is pending consideration before the Division Bench of this court. It is accordingly prayed that parties may be directed to abide either by pending special appeal before the Division Bench of this Court in the case of Mohd Rafiq or pending Leave to Appeal before the Apex Court in the case of Bhoma Ram.
I have considered the submissions and perused record of the cases.
Keeping in mind that judgment of the Division Bench is against the petitioner though SLP is pending before the Hon'ble Supreme Court thus these writ petitions are disposed of with a direction that parties will abide by the final outcome of the Special Appeal by the Apex Court. If it goes in favour of the employees then judgment aforesaid would apply to the petitioners also. If it goes against the petitioners-employees then they would not be entitled to any benefit. However, liberty is given to the petitioners to seek revival of writ petitions if judgment in the case of Mohd Rafiq is rendered in favour of employees.
This disposes of the stay applications also.
(MN BHANDARI), J.
bnsharma All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.
(BN Sharma) PS-cum-JW