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Rajasthan High Court - Jodhpur

State Of Raj. & Anr vs Mathura Lal Bheel on 9 November, 2016

Author: Govind Mathur

Bench: Govind Mathur

                             [1]

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
                        AT JODHPUR
--------------------------------------------------------------

     D.B. CIVIL SPECIAL APPEAL (W) NO.729/2016

APPELLANTS:

1.State of Rajasthan through the Deputy Secretary,

  Ayurved Department, Rajasthan, Jaipur.



2.Director,      Directorate,      Ayurved     Department,

  Rajasthan, Jaipur.

                           Versus



RESPONDENT:

Mathura Lal Bheel son of Shri Devi Lal Bheel, resident

of Roop Pura, Post Arniya Ghola, Tehsil Shahpura,

District Bhilwara.


              DATE OF JUDGMENT : 09.11.2016


             HON'BLE MR. GOVIND MATHUR,J.
         HON'BLE MR. DEEPAK MAHESHWARI,J.

Mr. K.L. Thakur, Addl. Advocate General assisted by
Mr. Rishabh Tayal, for the appellant-State

                        JUDGMENT
                         ----------
BY THE COURT :

This appeal is barred by limitation from 155 days. An application is preferred to have condonation of the [2] same. Ignoring the same, we have looked into merits of the case.

It is not in dispute that a Division Bench of this Court at Jaipur in the case of Gopal Kumawat Vs. State of Rajasthan & Ors. (D.B. Civil Writ Petition No.2963/2007), decided on 29.7.2015 held that a person regularly appointed is required to be fixed in a regular pay-scale. Learned Additional Advocate General does not dispute this fact and also that the issue sought to be agitated in the instant appeal is squarely covered by the judgment of this Court given in the case of Gopal Kumawat (supra).

In view of this, we do not find any just reason to interfere with the order impugned. The appeal is dismissed accordingly.

(DEEPAK MAHESHWARI),J. (GOVIND MATHUR),J. Sanjay