High Court disposed of a writ petition by directing authorities to complete the petitioner's promotion consideration within three months after finding unreasonable delay, dismissing claims of prematurity.
Directed respondents to complete promotion consideration for petitioner within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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[CW-8934/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 8934/2021
Lalu Ram Bheel S/o Shri Thanwarji Bheel, Aged About 55 Years, R/o Village And Post Gadavrifala, Tehsil Kherwara District Udaipur, Rajasthan.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Tanwar Singh Rathore |
|---|---|
| For Respondent(s) | : Mr. Vishal Jangid |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
21/10/2021
In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
The petitioner has preferred this writ petition under Article 226 of the Constitution of India claiming the following reliefs:
“I. The impugned order dated 06.07.2021 (Annex.P/5) issued by the respondent No.3 may kindly be quashed and set aside and respondents may kindly be directed to consider, the petitioner for promotion on the post of Principal in the selection year 2008-09 and grant to the promotion in the year 2016-2017.
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[CW-8934/2021]
II. That the respondents may kindly be directed to consider, the petitioner for promotion on the post of Principal from the date when the similar situated person, and similar situated person have been granted promotion in the year 2016-17.”
At the outset, learned counsel for the respondents submits that the sole surviving prayer of the petitioner to be considered in the review DPC for the promotion to the post of Principal against the vacancy of year 2008-09 is being processed at the level of competent authority, and therefore, the writ petition is premature.
Learned counsel for the petitioner agrees with this sole prayer, however, submits that since his claim is being delayed unreasonably by the respondents, therefore, he had no option but to file this present petition.
In view of the above, the present petition is disposed of, while directing the respondents to complete the process for consideration of the petitioner’s candidature for promotion to the post of Principal in the review DPC against the vacancy of year 2008-09 within a period of three months from today, strictly in accordance with law.
Stay petition also stand disposed of.
(DR.PUSHPENDRA SINGH BHATI),J.
36-Zeeshan
1 issue framed by the court
Whether the writ petition regarding delayed promotion consideration is premature or maintainable due to unreasonable delay.
Lalu Ram Bheel
State Of Rajasthan
The Director, Secondary Education, Government Of Rajasthan, Bikaner
Joint Director, (Personal) Secondary Education, Bikaner
Joint Director, Secondary Education, Udaipur
Dr. Pusphendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
