This order dismissed two connected writ petitions filed by teachers challenging their non-inclusion in promotion counseling lists. Relying on a prior judgment from 2022 regarding similar circumstances, the Court disposed of the petitions without deciding the merits, directing the petitioners to file representations to the respondents.
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.
[2023:RJ-JD:42511]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 11948/2018
Jasveer Kaur W/o Shri Najar Singh, Aged About 55 Years, R/o Village Singhpura (Khunichak) 47 Llw, P.o. Narsinghpura Manjhuwas, Tehsil Pilibanga, District Hanumangarh.
----Petitioner
Versus
----Respondents
Connected With
S.B. Civil Writ Petition No. 3207/2018
Boota Singh S/o Shri Mallan Singh, R/o Ward No. 5, Kedar Chowk, Old Abadi, Tehsil And District Sriganganagar.
----Petitioner
Versus
----Respondents
(2 of 3)
[2023:RJ-JD:42511]
[CW-11948/2018]
HON'BLE MR. JUSTICE ARUN MONGA
Judgment / Order (oral)
05/12/2023
The petitioner passed B.A. examination from Punjabi University, with Punjabi as compulsory course. The petitioner was selected for the post of Teacher by order dated 11.12.1993 pursuant to selections conducted in the year 1992-93. The petitioner was promoted to the post of Teacher Grade-II (Punjabi) by order dated 20.10.2015, against vacancies for the year 2015-16. In consequence to above order dated 20.10.2015, the petitioner though relieved by Head Master of the school but concerned BEEO did not relieve him, as such, petitioner remained posted as Teacher Grade-III in the same school.
The petitioner later acquired qualification of B.A. with English as compulsory subject and by order dated 21.04.2016, he was given promotion to the post of Senior Teacher (English).
In the final seniority list of Teachers Grade-III for the year 2017-18, name of the petitioner appears at Sr. No.1. As per order dated 17.10.2017, name of the petitioner did not appear for counseling for promotion to the post of Senior Teacher (Punjabi). The petitioner submitted a representation
(3 of 3)
[2023:RJ-JD:42511]
[CW-11948/2018]
dated 22.10.2017 in this regard. The petitioner has filed this petition being aggrieved of the order dated 17.10.2017.
"Consequently, the writ petition filed by the petitioner is allowed. The list (Annex.5) indicating the name of petitioner as ineligible candidates, qua the petitioner, is quashed and set aside.
The respondents are directed to hold counseling / convene Review DPC for promotion on the post of Senior Teacher / Teacher Gr.II for the DPC year 2016-17 and, in case, the petitioner is otherwise eligible and is in seniority, accord benefit / promotion to the petitioner w.e.f. the date person juniors to the petitioner, in terms of list (Annex.4) have been accorded benefit / promotion with all consequential benefits, however, the petitioner would be entitled to monetary benefits, if any, from the date the order is passed. Needful be done within a period of six weeks from the date of this order."
(ARUN MONGA),J
110-MMA/-
2 issues framed by the court
Whether the present writ petitions require separate adjudication or can be disposed of in terms of a prior reported judgment.
Whether the petitioners are permitted to file representations to the respondents based on the previous order.
Colour shows how this judgement treated each authority
Narendra Singh Yadav vs. State of Rajasthan & othersReferred¶40
Narendra Singh Yadav Vs State of Rajasthan & others (S.B. Civil Writ Petition No.14865/2016)
Jasveer Kaur W/o Shri Najar Singh
Boota Singh S/o Shri Mallan Singh
State Of Rajasthan
The Director, Secondary Education Department, Bikaner
The Deputy Director, Secondary Education Department, Bikaner Division
District Education Officer, Secondary Education, Sriganganagar
Arun Monga
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
