High CourtsDIVISION BENCH(2017) 05 RAJ CK 0138

Municipal Corporation, Jodhpur vs Ghyan Singh son of Shri Santosh Singh

Rajasthan High Court · Decided on 29 May 2017

HON’BLE JUDGES
Govind Mathur, Ashok Kumar Gaur
RESULT
Dismissed
CASE NUMBER
920 of 2015

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Judgment

4 paragraphs · 228 words
1.

This appeal is barred by limitation from 290 days. An application is filed as per provisions of Section 5 of the Limitation Act to have condonation of delay in filing the appeal. While looking into the reasons given to have condonation of delay, we have also looked into merits of the case.

2.

By the judgment impugned dated 5.09.2014 learned Single Bench directed the appellant-respondent Municipal Corporation to examine service record of the respondent-petitioner if they have completed 10 years of service then further to consider their case for regularization of service in accordance with the directions given by Hon'ble The Supreme Court in the case of State of Karnatka & Ors. Vs. Uma Devi & Ors. reported in 2006 (4) SCC page no.1.

3.

Learned counsel appearing on behalf of Municipal Corporation quite fairly states that the Corporation has already recommended the candidature of the respondent-petitioner for regularization in service and the same is pending consideration before the State Government. In view of the stand taken by the Municipal Corporation to comply with the directions given by learned Single Bench, we do not find any just reason now to examine correctness of the order passed by learned Single Bench in appellate jurisdiction.

4.

In view of it, the application preferred under Section 5 of the Limitation Act is dismissed. In result, the appeal too is dismissed.