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2023 Supreme(Raj) 1330

AUGUSTINE GEORGE MASIH, SAMEER JAIN
State Of Rajasthan – Appellant
Versus
Anil Kumar S/o Shri Radhey Shyam Sharma – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rajesh Mahrishi, Ms. Kinjal Sharma, Mr. Udit Sharma
For the Respondent: Mr. A.K. Sharma, Mr. Shobit Tiwari, Mr. Pushpendra Singh Tanwar, Mr. Rohit Tiwari

JUDGMENT :

1. In the present batch of appeals, the scope of the controversy involved is identical. Therefore, considering the fact that the appeals warrant adjudication on common question(s) of law, with consent of learned counsel appearing on behalf of all the parties, D.B. Special Appeal (Writ) No. 1055/2022 titled as The State of Rajasthan & Ors. vs. Anil Kumar and Ors., is being taken up as the lead case.

2. The instant appeal is filed under Article 225 of the Constitution of India whereby a challenge is made to the order dated 17.11.2021 passed by the learned Single Judge in S.B. Civil Writ Petition No. 5385/2021 titled as ‘State of Rajasthan & Ors. vs. Anil Kumar & Ors.’ whereby the writ petition was disposed of with certain modification(s) in the order impugned dated 18.09.2020 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur.

3. The ineluctable factual matrix, necessary for discerning the nuances of the contentions made in the present appeal, are as follows: 3/1. That respondent no.1, Mr. Anil Kumar, was initially appointed as Constable in Jaipur City, but was assigned seniority below the respondent no.2 herein, Mr. Ranjeet Singh, who was transferred to Jaipur

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