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2017 DIGILAW 2030 (RAJ)

STATE OF RAJASTHAN v. LRS. OF LATE SHRI DHARMI CHAND JAIN

2017-09-11

PRADEEP NANDRAJOG, RAMCHANDRA SINGH JHALA

body2017
ORDER : Pradeep Nandrajog, J. Notwithstanding nobody appearing for the parties we find that the writ appeal is capable of being disposed of by passing a declaratory order. 2. But before that we formally allow D.B. Civil Misc. Application No. 7/2013 wherein prayer made is to condone delay in filing the appeal. 3. As regards the appeal, issue concerns reckoning urgent temporary service for being accorded benefit under the Career Advancement Scheme. 4. The learned Single Judge has allowed the writ petition noting that the issue was squarely covered in favour of the writ petitioners by a Division Bench judgment dated 13th May, 2004 in D.B. Special Appeal Writ No. 1289 of 1997, State of Rajasthan and Another v. Dr. Suresh Chand Agarwal. 5. In the writ appeal it is pleaded that a petition seeking Special Leave to Appeal was filed against the decision passed by the Division Bench in which notice was issued by the Supreme Court. The number of the SLP is 23219/2004, State of Rajasthan and Another. v. Dr. Suresh Chand Agarwal. 6. Unfortunately, nobody appears for the parties and the status of the SLP is not known to us. However one thing is clear; the issue would attain finality depending upon the decision in the SLP. 7. We therefore declare that whatever is the final law declared by the Supreme Court in the afore-noted SLP would govern the rights of the respondents. Should the decision passed by the Division Bench of this Court be affirmed, the impugned order will be given effect. If the decision of the Division Bench is over-ruled, writ petition filed by the respondents would be treated to be dismissed. 8. Till the Supreme Court decides the matter, the appellants need not comply with the direction issued by the learned Single Judge of this Court.