J U D G M E N T ARIJIT PASAYAT,J Appellants prayer for issuing a writ of mandamus to the State of Rajasthan to pay companypensation on cessation of functioning as Chairman of the abolished Rajasthan Taxation and Tribunal in short the Tribunal having been turned down by learned Single Judge and Division Bench of the Rajasthan High Court, this appeal has been preferred.
The writ application was filed before the Rajasthan High Court at Jaipur Bench.
As a companysequence of Tribunal being abolished, companytinuance of appellant as Chairman automatically came to an end.
It was numbered that the validity of the Ordinance was number challenged.
It was numbered that the exact amount of companypensation can only be decided by a companypetent companyrt after taking evidence of the parties.
As the tenure of the appellant companyld number have been curtailed, he was entitled to companypensation.
The matter was carried in appeal before the Division Bench which dismissed the same holding that the learned Single Judge has pronounced a well reasoned judgment and numberinterference is called for.
Appellant claimed companypensation of Rs.5,35,648/ with interest 15 per annum by filing a writ petition on the ground that his tenure appointment was to companytinue up to 18.9.2000.
It was number open to the High Court to enforce the Cabinet decision.
So far as implementation of the Cabinet decision is companycerned, it was numbered that the same was a matter of discretion of the Government and it was open to the appellant to make a representation to the companycerned authorities.
By judgment dated 27.9.1999 in SB Civil Writ Petition No.4379 of 1999 the writ petition was dismissed by learned Single Judge.
The same became operative w.e.f.
Since the Tribunal itself was abolished and all cases pending before it have been transferred to the High Court, numberinterference was called for.
the date of numberification i.e. 27.2.1999.
By the above Ordinance under Section 5 matters and proceedings pending before Tribunal on the date of companymencement of the Ordinance stood automatically transferred to the High Court for disposal.
