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S.B. Civil Writ Petition No. 315/1997. Case: Mahesh Chand Sharma and Others Vs Rajasthan Civil Services Appellate Tribunal, Rajasthan, Jaipur and Others. Rajasthan High Court

Judgment Cited in Precedent Map Related
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Case NumberS.B. Civil Writ Petition No. 315/1997
CounselShefali Sharma, Rakesh Bhargava, S. D. Khaspuria, Rajendra Soni
JudgesMohammad Rafiq, J.
IssueService
Judgement DateMarch 19, 2010
CourtRajasthan High Court

Judgment:

Mohammad Rafiq, J., (Jaipur Bench)

Heard learned counsel for parties.

This writ petition was filed by petitioners against order dated 30.07.1996 of Rajasthan Civil Services Appellate Tribunal, Rajasthan, Jaipur, passed in Appeals No.252/1990 and 253/1990 filed by Jagdish Prasad Gupta and Mahendra Kumar Gupta whereby the learned Tribunal set-aside seniority list dated 25.05.1990. In that seniority-list, petitioners were assigned higher placement than appellants before the Tribunal, namely, Jagdish Prasad Gupta and Mahendra Kumar Gupta. The Tribunal, after making discussion with regard to interpretation of Rule 27(11-A) of the Rajasthan Subordinate Ministerial Staff Service Rules, 1957, which was inserted by way of amendment in the year 1982, set-aside the seniority and remanded the matter back to the District Collector, Alwar, with a direction to consider the representation of those appellants, filed on 14.06.1989 and 19.06.1989.

Ms. Shefali Sharma, brief holder of Shri Rakesh Bhargava, learned counsel for petitioners, has argued that since the aforesaid amendment was made in the year 1982, the same would have only prospective application and that the order of Tribunal was contradictory because on one hand it has made discussion on merits of the case with regard to applicability of those amended Rules and on other hand it remanded the matter for deciding the representation of appellants before it, therefore the order of remand of the matter was a mere formality because the District Collector is bound to pass the similar order.

Shri S.D. Khaspuria, learned...

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