Disposed

Rajkumar Meena S/O Late Shri Laxman Meena v. Union of India

Rajasthan HC4 Dec 2023CW/19529/2023

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging an interim order denying the petitioner's promotion. Instead of directly quashing the order, the Court disposed of the petition and directed the petitioner to approach the Tribunal for preponement before a Scheduled Caste list meeting.

What did the court decide?

Petition disposed of; Petitioner directed to approach Tribunal for preponement of hearing or further relief before 15.12.2023.

Rajkumar Meena S/O Late Shri Laxman Meena… — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023:RJ-JP:37696-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 19529/2023

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Rajkumar Meena S/o Late Shri Laxman Meena, Aged About 33 Years, Resident Of Vpo Dantli, Goner Road, Jaipur, Presently Posted As Assistant At Regional Office, Jaipur Employees State Insurance Corporation Rajasthan (Group C)

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----Petitioner

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Versus

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Union Of India, Through Director General Department Of Employees State Insurance Corporation Esic Pamchdeep Bhawan, Comradeindrajet Gupta Marg, New Delhi-110002

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The Regional Director, Esic Rajasthan, Panchdeep Bhawan, Bhawani Singh Marg, Jaipur 302005

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The Dy. Director (Administrator) Esic Rajasthan, Panchdeep Bhawan, Bhawani Singh Marg, Jaipur 302005

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Kuldeep Singh Baghela S/o Shri Ghirdhari Lal Baghela, Presently Posted As Assistant At Regional Office Esic, Jaipur Group C.

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Krishan Kumar S/o Shri Hema Ram, Presently Posted As Assistant At Branch Office, Nehru Place, Jaipur

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Ajay Kumar Yadav S/o Shri. Ram Lal Yadav, Presently Posted As Assistant At Esic, Regional Office, Jaipur

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Dinesh Kumar Chaudhary S/o Shri Vedpal Singh, Presently Posted As Assistant At Branch Office Esic Pratap Nagar Jaipur

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Bheem Singh Choudhary S/o Nainaram Choudhary, Presently Posted As Assistant At Esic, Jaipur.

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Munindra Yag S/o Shri Ratan Lal Yag, Presently Posted As Assistant At Esic Regional Office Jaipur.

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Rajendra Kumar Deegwal S/o Shri Babulal Deegwal, Aged About 34 Years, Resident Of 43, Bhuwneshwari Vatika, Bajri Mandi Road, Panchyawala, Vaishali Marg-West, Jaipur, Presently Posted As Assistant At Regional Office, Esic, Jaipur

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Kapil Sharma S/o Shri Tikam Chandra Sharma, Aged About 30 Years, Resident Of Mahesh Nagar, Rajgarh(Alwar), Presently Posted As Assistant At Regional Office Employees State Insurance Corporation Rajasthan

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(2 of 3)

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[2023:RJ-JP:37696-DB]

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[CW-19529/2023]

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Jitendra Pal S/o Sh.gulab Chandra, Aged About 31 Years, Resident Of E 811 Avadhpuri Lal Khoti Yojna, Tonk Road Jaipur Presently Posted As Udc At Branch Office Employees State Insurance Corporation, Kamdhenu Complex, Jaipur

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----Respondents

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For Petitioner(s) : Mr. Yellop Singh. Mr. Prince Pal Singh.

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For Respondent(s) :

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HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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04/12/2023

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This writ petition is directed against the order dated 20.05.2022 (Annex.1) passed by the Central Administrative Tribunal, Jaipur (‘Tribunal’), whereby an interim order has been granted in the Original Application filed by the respondent Nos. 4 to 9.

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Submissions have been made that the matter is pending before the Tribunal for over 1½ years now, the pleadings in the Original Application are complete and on account of passing of the interim order by the Tribunal, the petitioner is suffering, inasmuch as, now he is eligible for being promoted, but only on account of the interim order passed by the Tribunal, he is being deprived of the same.

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Submissions have been made that the next date before the Tribunal is 19.12.2023, however, the DPC is meeting on 15.12.2023 and if prior to that either the pending Original Application is not decided or the interim order is not varied, the

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[2023:RJ-JP:37696-DB]

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[CW-19529/2023]

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(3 of 3)

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petitioner would suffer irreparable injury and therefore, the order impugned be set-aside / stayed.

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We have considered the submissions made by learned counsel for the petitioner and have perused the material available on record.

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Admittedly, the interim order was granted ex-parte on 20.05.2022 and ever since the matter is pending before the Tribunal. Once, the pleadings are complete in the matter, it is expected of the Tribunal to decide the same expeditiously, in any case the stay application should have been dealt with by now.

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Only because the matter has not been taken up by the Tribunal and in the meanwhile the DPC is meeting, cannot be a reason enough for this Court to examine the validity of the interim order passed way back on 20.05.2022. However, the petitioner for the reasons as noticed herein-before, cannot be also left high and dry in absence of matter being heard and the DPC consider the cases for promotion.

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Consequently, the petition filed by the petitioner is disposed of. The petitioner may approach the Tribunal by way of an appropriate application seeking preponement of the date fixed by it / seeking further relief including consideration of his candidature by the DPC or any other relief and it is expected of the Tribunal that the application filed by the petitioner shall be dealt with appropriately and expeditiously, preferably before 15.12.2023.

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(ASHUTOSH KUMAR),J

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(ARUN BHANSALI),J

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Rmathur/101

Rajkumar Meena S/O Late Shri Laxman Meena v. Union of India

Case brief

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Rajkumar Meena S/O Late Shri Laxman Meena v. Union of India

Case brief

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