LAWS(RAJ)-2014-3-205

NIRANJAN KUMAR BOHRA Vs. STATE OF RAJASTHAN

Decided On March 04, 2014
Niranjan Kumar Bohra Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THE 11 petitioners in the present writ petition of Ministerial Staff of the District Court, Jodhpur, having been appointed as per the provisions of Rajasthan Subordinate Court (Ministerial Establishment) Rules, 1986 (for brevity, hereinafter referred to as 'Rules of 1986'), have filed the present writ petition in this Court, aggrieved by the order (Annex. 2) Dt. 04.07.1991 passed by the Registrar, Rajasthan High Court, Jodhpur whereby the Administrative control of the Presiding Officer as well as the staff attached with him in the Special Court under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity, hereinafter referred to as 'Act of 1989'), were kept under the Administrative control of the District & Sessions Judge concerned. These persons were deputed to work in the Special Courts created under the provisions (sick) the Act of 1989.

(2.) MR . Lokesh Mathur, learned counsel for the petitioners relied upon Section 14 of the said Act of 1989, under which the said Special Courts were created with the concurrence of the Chief Justice of the High Court and he urged that since the Special Courts created under the said Act of 1989 were granted the status of the Court of Sessions, therefore, the Administrative control of the Presiding Officer and his staff in such Courts could not be assigned or delegated by the Rajasthan High Court to the concerned District & Sessions Judge, and therefore, aggrieved of the same, the present writ petition has been filed with the following prayers: - -

(3.) ANY other appropriate writ, order or direction which this Hon'ble Court may deem it just and proper in the facts and circumstances of the case, may kindly be issued.