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2017 DIGILAW 2478 (RAJ)

State of Rajasthan Through Secretary School Education, Govt. of Rajasthan, Jaipur v. Jai Singh Sura, Son of Shri Arjun Ram

2017-11-10

AJAY RASTOGI, DEEPAK MAHESHWARI

body2017
ORDER : 1. The defects pointed out by the office, apart from that of delay in filing present intra court appeal, stands overruled. 2. Instant special appeal is directed against order of the Ld. Single Judge impugned dt.01.10.2015 3. However, office has pointed delay in filing present intra court appeal in support thereof separate application has been filed seeking condonation of delay u/S 5 of Limitation Act. 4. After taking note of the submissions made, we find that the delay has been satisfactorily explained & deserves to be condoned. 5. Accordingly, application seeking condonation of delay u/S 5 of Limitation Act stands allowed and the delay is condoned. 6. Counsel has brought to our notice that because of there being conflicting views of the Division Bench, the issue in regard to regularization of serving employee, came up before the Larger Bench of this Court in D.B. Special Appeal Writ No. 589/2015 (State of Raj. v. Chandra Ram) connected appeals & has now been decided vide judgment dt.03.07.2017. 7. Taking note of the issue having been decided by the Larger Bench of this Court of which we have made a reference dt.03.07.2017, we find no substance in the present intra court appeal. 8. Consequently, the appeal stands dismissed. However, the appellants are always at liberty to dispose of the representation if any made by the writ petitioner obviously in accordance with law.