Division Bench dismissed the appeal arising from an order rejecting a fresh stay application regarding wrong promotions, noting that the appellant had exhausted remedies without new circumstances.
Or order of costs against the appellant.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Special Appeal Writ No. 989/2021
Shruti Bhardwaj W/o Shri L. C. Aswal, Aged About 54 Years, R/o 3Kha 4C, Jawahar Nagar, Jaipur 302004, Previously Posted As Additional Commissioner, Jaipur Development Authority, Jaipur At Present Posted As Joint Secretary, Water Resources, Government Of Rajasthan, Jaipur.
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Swadeep Singh Hora through VC For Respondent(s) :
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SAMEER JAIN
Judgment
21/01/2022
This appeal arises out of an interim order dated 17.11.2021 passed by the learned Single Judge. The appellant-original petitioner has challenged the wrong promotions in the writ
(2 of 3)
[SAW-989/2021]
petition. On 06.05.2021 the learned Single Judge while issuing notice in the writ petition had provided that the candidature of the petitioner for promotion to IAS shall be considered treating senior to those who are not in higher super time scale as on 31.12.2020. Subsequently by an order dated 16.07.2021 the earlier interim order passed on 06.05.2021 was vacated by the learned Single Judge. Against this order the petitioner had preferred D.B. Special Appeal Writ No.800/2021 which was withdrawn on 20.09.2021. In the withdrawal order of course it was stated that the same was to enable the appellant to seek appropriate remedy available to her as per law. This however did not mean that the appellant could file fresh application for stay in the same proceedings, that too without any change of circumstances. On 25.10.2021 the learned Single Judge once again dismissed the second stay petition. Yet another attempt was made before the learned Single Judge to obtain stay against the promotion by filing application No.8/2021. This gave rise to the impugned order dated 17.11.2021. The learned Single Judge has given detailed reasons and dismissed this application.
We find that the appellant is making series of successive attempts at stopping the promotions and thus wasting judicial time. When once the stay was vacated by the learned Single Judge and against such vacation of stay the appellant had approached the Division Bench but withdrew the appeal, without there being any change in circumstances, fresh attempts for gaining stay against promotion would not succeed. This is in fact third attempt and second appeal before the Division Bench.
(3 of 3)
[SAW-989/2021]
The appeal is dismissed. The appellant shall note that she has barely got away with order of cost.
(SAMEER JAIN),J
(AKIL KURESHI),CJ
KAMLESH KUMAR/9
1 issue framed by the court
Whether fresh appeals for stay against promotion are maintainable without change of circumstances following a withdrawn appeal.
Shruti Bhardwaj W/o Shri L. C. Aswal
State Of Rajasthan
Akil Kureshi
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
