- (1.) LEARNED counsel for both the parties are in agreement that connected special appeal i.e. D.B. Civil Special Appeal(W) No.774/2012-State of Rajasthan & Ors. Vs. Ramesh Chandra Mathur, has been allowed by the Division Bench vide judgment dated 3.12.2012, therefore, for the same reasons, mentioned in the connected appeal, the present special appeal may also be allowed and the writ petition may be remitted to the Single Bench for deciding the same, afresh.
(2.) FOLLOWING is the order dated 2012, passed in State of Rajasthan & Ors. Vs. Ramesh Chandra Mathur(supra):- "There is delay of 24 days in filing the appeal. For the reasons mentioned in the application, the delay is condoned. Application is accordingly allowed. It is submitted that the benefit has not been extended in the case of respondent Ramesh Chandra Mathur. As such, case is not covered by the decision of (Chandra Shekhar Kumawat and Ors. Vs. State and Ors.- SBCWP No.6909/2006). Apart from that, notice was not issued to the State and even if the case is covered, it was necessary to serve the Government Counsel even by furnishing a copy of the petition in the Court so that he could obtain instruction or assist the Court. Same was also not done. Hence, the appeal is accordingly allowed. We set aside the order passed by the Single Bench and request the Single Bench to decide the petition afresh after duly considering the circulars issued by the State Government and the decision of the Hon'ble Supreme Court in the case of State of Rajasthan and Ors. Vs. Jagdish Narain Chaturvedi(Civil Appeal No.3620/2009). 150 similar matters are stated to be pending. List of all these matters be furnished in the Registry by counsel appears on behalf of the respondents. Office is directed to list all the similar matters before the Single Bench after ten days. Stay application is also disposed off." 3. As agreed by the parties, the present special appeal is allowed and the impugned order of the Single Bench is set aside. We request the Single Bench to decide the writ petition, afresh, after considering the circulars issued by the State Government and the decision of the Hon'ble Supreme Court in the case of State of Rajasthan & Ors. Vs. Jagdish Narain Chaturvedi(Civil Appeal No.3620/2009).
(3.) STAY Application No.1767/2012 also stands disposed off.;