Rajasthan High Court - Jaipur
Mr. Ashok Gaur vs Union Of India & Anr. (2012) 7 Scc 757 & ... on 28 May, 2015
Author: Ajay Rastogi
Bench: Ajay Rastogi
In the High Court of Judicature for Rajasthan Jaipur Bench DB Special Appeal (W) No.417/2015 Date of Order 28.5.2015 Hon'ble Mr. Justice Ajay Rastogi Hon'ble Mrs. Justice Nisha Gupta Mr. Ashok Gaur, Sr. Adv. with Mr. Indresh Sharma, for appellant.
Counsel submits that what has been prayed for by the appellant to be examined on merits in the writ petition has been decided by the Ld. Single Judge even while passing the interim order itself impugned herein dt.01.05.2015. After making submission for some time submits that at least liberty may be granted to make a request before the learned Single Judge for early disposal of the pending writ petition and while placing reliance upon the judgment of the Apex Court in Ashok Kumar Rati Lal Patel Vs. Union of India & Anr. (2012) 7 SCC 757 & Union of India & Anr. Vs. S.N. Maity & Anr. 2015 AIR SCW 579 submits that appointment pursuant to recruitment on deputation & transfer on deputation are two distinct features which has been taken note of & distinguished by the Apex Court in the judgments referred to.
Since the order impugned herein dt.1.5.2015 is an interim order passed by Ld. Single Judge pending writ petition we are not inclined to entertain special appeal at this stage, however, consider it appropriate to grant liberty to the appellant to make a request before the Ld. Single Judge for early disposal of the pending petition and if such a request is made, it is expected to grant indulgence prayed for.
Special appeal in terms indicated stands disposed of.
[Nisha Gupta], J. [Ajay Rastogi], J. dsr-
"All corrections made in the judgment/order have been incorporated in the judgment/order being emailed"
Datar Singh P.S