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Judgment
By way of this appeal, the appellant State has challenged
order of learned Single Judge dated 16.02.2005 whereby the
learned Single Judge has affirmed the order dated 28.05.2003
passed by the Rajasthan Civil Services Appellate Tribunal,
dismissing the writ petition preferred by the State.
This Court while admitting the matter on 16 th January 2007
has passed following order:
"Admit. Issue notice. Mr Mukesh Rajpurohit accepts the notice on behalf of the respondent No.1. Notices may not be issued to respondent No.2 afresh. In terms of the order
passed by the Supreme Court in various transfer applications moved before the Supreme Court raising same issue, the hearing of this writ petition shall remain in abeyance until the decision of SLP(C) 5654/05 & other connected matters by the Supreme Court."
Learned counsel for the appellants states that said SLP was
later converted into Civil Appeal No.3631/2007, which was decided
along with group of matters and decision is reported in (2009) 12
SCC 49 - State of Rajasthan & others v. Jagdish Narain Chaturvedi
etc and contended that in view of the decision delivered by the
Supreme Court, this appeal deserves to be allowed.
Though none appeared for the respondents, the parties will
be governed by the aforesaid decision rendered by the Supreme
Court in the matter. In light of judgment of the Hon''ble Supreme
Court in the case of Jagdish Narain Chaturvedi (supra), the appeal
is allowed to that extent.