Rajasthan High Court - Jaipur
Robin Singh vs State (Transport Dep )Anr on 18 May, 2018
Author: M.N. Bhandari
Bench: M.N. Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 658/2018
Robin Singh S/o Rampal Singh, Aged About 30 Years, R/o Vpo
Dulania, Via Pilani, Tehsil Surajgarh, District Jhunjhunu (Raj.)
----Appellant
Versus
1. State Of Rajasthan Through Principal Secretary,
Department Of Transport, Govt. Of Rajasthan,
Secretariat, Jaipur
2. Rajasthan Public Service Commission Through Its
Secretary
----Respondents
For Appellant(s) : Mr.Ravindra Kumar Paliwal For Respondent(s) : Ms.Charu Jain for Mr.JM Saxena, AAG HON'BLE MR. JUSTICE M.N. BHANDARI HON'BLE MR. JUSTICE DINESH CHANDRA SOMANI Judgment 18/05/2018 Heard on the application under Section 5 of the Limitation Act so as the appeal with the consent of learned counsel for the parties.
It is not disputed by the parties that out of the appeals arising out of the common order dated 04th May, 2017 in bunch of the writ petitions, the appeal in the case of Ashok Kaviya Vs.State of Rajasthan & Ors., DB Special Appeal Writ NO. 1062/2017 decided on 15th December, 2017 has been allowed. In view of the above, we cannot take a different view than expressed by the Co-ordinate Bench of this Court.
(2 of 2) [SAW-658/2018] There is a delay of 312 days in filing of the appeal but the application for condonation of delay has been filed explaining the circumstances of delay. The appeal has been filed mainly in reference to the order passed by the Division Bench in the case of Ashok Kaviya (supra) thus it comes out that earlier the appellant did not take a decision to file it but persuaded after the judgment in the case of Ashok Kaviya (supra).
In view of the above, the application for condonation of delay is allowed. The delay in filing the appeal is condoned. It is moreso when if this Court dismisses the application, it would result in maintaining common judgment in bunch of writ petitions, whereas, in the case of Ashok Kaviya (supra), the impugned judgment has been set aside. Thus, to maintain parity also, the application for condonation of delay is allowed. The delay in filing the appeal is condoned.
In view of the above, the appeal is allowed and is ordered to be governed by the judgment in the case of Ashok Kaviya (supra).
(DINESH CHANDRA SOMANI),J (M.N. BHANDARI),J Preeti/36