The High Court dismissed a writ petition for promotion as the petitioner had died after the petition was filed, rendering the petition infructuous since the promotion order granting relief was subsequently withdrawn and the challenge to that withdrawal was rejected by the Tribunal.
Petition dismissed on the ground of death and infructuousness.
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[2023/RJJD/003618]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 1858/1991
Jayanti Lal
----Petitioner
Versus
State And Ors
----Respondent
| For Petitioner(s) | : Nonepresent |
|---|---|
| For Respondent(s) | : Mr. Pankaj Sharma, AAG with |
| Mr. Dhairyaditya Rathore |
HON'BLE MS. JUSTICE REKHA BORANA
Order
02/02/2023
The present petition has been filed by the petitioner with a prayer to promote him as LDC from the date his juniors have been promoted. When the matter was listed in ‘Hearing’ category and no one appeared for the parties, this Court directed learned Additional Advocate General Mr. Pankaj Sharma to put in appearance on behalf of the respondent-State and to complete his instructions.
Today learned AAG Mr. Sharma submitted that after filing of the present petition, the petitioner was promoted vide order dated 20.05.1998 but subsequently, the said order was withdrawn vide order dated 01.08.2001 and the petitioner challenged the said order before the Rajasthan Civil Services Appellate Tribunal. The said appeal preferred by the petitioner was dismissed on 08.06.2001 and therefore, the prayer as made in the present petition cannot even be granted as the same has already been
(2 of 2)
[2023/RJJD/003618]
[CW-1858/1991]
rejected by the Tribunal. Learned AAG Mr. Sharma further submitted that the petitioner has expired on 10.09.2014 and therefore also, the present petition cannot survive.
The order dated 08.06.2001 and the death certificate of the petitioner as submitted by the learned AAG are taken on record.
In view of the fact that the petitioner was, after filing of the present petition, granted the promotion, the petition had rendered infructuous way back in the year 1998 itself. The subsequent withdrawal of the promotion order had also been challenged and the said challenge has also been rejected. Therefore, no cause for the present petition can be deemed to be surviving.
In view of the above facts, the present petition cannot now survive and the same is therefore, dismissed .
(REKHA BORANA),J
26-AbhishekS/-
1 issue framed by the court
Whether the writ petition seeking promotion survives given the petitioner's death and the withdrawal of the promotion order.
Jayanti Lal
State
Rekha Borana
As recorded by the court registry
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