Dismissed

Mukesh Kumar Vadel Son of Shri Prabhu Lal Vadel v. State of Rajasthan

Rajasthan HC26 Aug 2019CW/8146/2019

Case brief

AI extract

What is this about?

This Court dismissed a writ petition challenging the rejection of a representation for promotion and appropriate seniority. It held the petitioner was not promoted in 2008-2009 due to a penalty and lacked seniority over the last promoted Executive Engineer for 2018-2019 vacancies, deeming the petition devoid of force.

What did the court decide?

disallowed the petition for promotion to the post of Executive Engineer (Civil).

Mukesh Kumar Vadel Son of Shri Prabhu Lal… — Pension and Retirement Benefits | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 8146/2019

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Mukesh Kumar Vadel Son Of Shri Prabhu Lal Vadel, Aged About 57 Years, By Caste Mahajan, Resident Of 90/3, Mohini Sadan, Mahaveer Marg, Rati Talai, Banswara (Raj.)-327001

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----Petitioner

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Versus

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State Of Rajasthan, Through Pr. Secretary To Government, Public Works Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.)

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Chief Engineer And Additional Secretary To Government, Public Works Department, Government Of Rajasthan, Jacab Road, Jaipur (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Ajay Gupta, Adv. For Respondent(s) :

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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

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Order

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26/08/2019

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The instant writ petition has been filed by the petitioner challenging the order dt.18.02.2019 whereby the representation filed by the petitioner, has been rejected.

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Learned counsel for the petitioner submitted that the petitioner had earlier approached this Court by filing S.B. Civil Writ Petition No.993/2018 and this Court on 31.07.2018 had directed the authorities to pass a reasoned order.

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Learned counsel has submitted that grievance of the petitioner is against not showing him in the seniority list of Assistant Engineer at appropriate place i.e. above one Shri Anil Kumar Vijayvargiya. Learned counsel submitted that the

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(2 of 3)

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[CW-8146/2019]

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respondents have committed illegality by not giving appropriate seniority to the petitioner and further not conferring the consequential benefits including promotion on the post of Executive Engineer.

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Learned counsel has submitted that the impugned order dt.18.02.2019 also does not take into account that after abolition of the post of Junior Engineer in Public Works Department (PHD), the petitioner was required to be shown at proper place of seniority list.

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I have heard counsel for the petitioner and perused the material available on record.

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This Court finds that as far as the claim of the petitioner for promotion to the post of Assistant Engineer (Civil) for the year 2008-2009 is concerned, the petitioner has not been promoted in the year 2008-2009 as the DPC had not found him suitable on account of penalty of stoppage of one grade increment without cumulative effect, imposed upon the petitioner.

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The petitioner has been accorded promotion for the year 2009-2010 on the basis of recommendation made by the DPC and his seniority has also been fixed as per Rule 28 of the Rajasthan Service of Engineers (Building and Roads Branch) Rules, 1954.

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This Court finds that the respondents while deciding the representation of the petitioner, have further recorded the fact that the existing seniority of the petitioner in the cadre of Assistant Engineer, does not make him entitled for promotion on the post of Executive Engineer (Civil), as the petitioner is much junior to the last promoted person on the post of Executive Engineer (Civil), against the vacancies for the year 2018-2019.

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(3 of 3)

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[CW-8146/2019]

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This Court finds that no person, junior to the petitioner, has been promoted as Executive Engineer and the petitioner cannot be promoted as has been prayed in the instant petition.

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The present writ petition is devoid of any force and the same is dismissed.

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(ASHOK KUMAR GAUR),J

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Ashish kumar/76

Mukesh Kumar Vadel Son of Shri Prabhu Lal Vadel v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mukesh Kumar Vadel Son of Shri Prabhu Lal Vadel v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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