Rajasthan High Court - Jaipur
Indisputably Under The Scheme Of Rules ... vs Bhanwar Lal Malakar, D.B. Civil Special ... on 16 July, 2014
Author: Ajay Rastogi
Bench: Ajay Rastogi
In The High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R D.B. Civil Special Appeal (Writ) No.1315/2013 Date : 16.07.2014 Hon'ble Mr. Justice Ajay Rastogi Hon'ble Mr. Justice J.K. Ranka Mr. Lokesh Katara, Addl. OIC, DEO (Legal) Sec. Edu. Jaipur, present in person.
The Officer-in-charge is present in person and wants time and pointed out that there is delay of 431 days in filing of instant intra court appeal.
Instant intra court appeal has been filed against order of the learned Single Judge dt.23.07.2012.
Office has pointed out that there is delay of 431 days in filing appeal for which application has been filed seeking condonation of delay u/S 5 of Limitation Act indicating stereotyped justification regarding movement of the file for taking final decision at the level of the State Government for filing appeal. We do not find any reasonable justification which needs condonation prayed for but apart from it we have also looked into prima facie on merits which have been considered by the learned Single Judge. The only issue for consideration was that if the incumbent has been appointed/promoted on the recommendation of Department Promotional Committee against the vacancy of 1988-89 his experience has to be counted w.e.f. 01.04.1988 or from 31.03.1989.
Indisputably under the scheme of Rules the vacancy is always determined as on 01st April of the year and the incumbents who have been promoted against the vacancy of 1988-89 have been considered for the vacancy determined on 01.04.1988 and that being the crucial date for consideration regarding eligibility of the incumbent who has been considered for promotion the experience rendered by an employee also relates thereto and the learned Single Judge placed reliance upon the judgment in State of Rajasthan Versus Bhanwar Lal Malakar, D.B. Civil Special Appeal No.1052/1998 decided on 18.01.1999 wherein while dealing with the self same controversy it was held by the Division Bench that as the vacancy has been determined as on 01st of April of the year experience of the incumbent has to be counted from the aforesaid date and that being once decided by the Division Bench of this Court there appears no reason for the State in filing the appeal and even from the contents of the appeal we do not find any justification being tendered by the Government in taking decision in filing of the appeal against the judgment of the learned Single Judge impugned in the instant proceedings dt.23.07.2012.
Consequently in our considered view apart from the delay for which we have already expressed, on merits we find no justification.
The application seeking condonation of delay u/S 5 of Limitation Act stands dismissed and the appeal is accordingly dismissed.
(J.K. Ranka),J. (Ajay Rastogi),J. VS Shekhawat/-PA/(S126) Certificate - All corrections have been incorporated in the judgment/order being emailed/Vijay Singh Shekhawat/PAJW