Dismissed

Puneet Kumar Budania S/O Rajendra Singh v. the State of Rajasthan

Rajasthan HC23 May 2023CW/4727/2023

Case brief

AI extract

What is this about?

Three clubbed writ petitions by School Lecturers seeking posting of husband and wife together on promotion post of Vice Principal. The court noted 2015 guidelines were superseded by 2016 order excluding spouse category for promotions. Petitions disposed of as not pressed on merits; liberty granted to submit representations.

What did the court decide?

Writ petitions disposed as not pressed on merits. Liberty granted to submit representation for sympathetic consideration of joint posting subject to vacancy availability.

Puneet Kumar Budania S/O Rajendra Singh Vs… — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023/RJJP/011624]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 4727/2023

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Puneet Kumar Budania S/o Rajendra Singh, Aged About 34 Years, R/o Village And Post Ghodiwara Kalan, Tehsil Nawalgarh, District Jhunjhunu(Raj.)

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Sunil Kumar Sharma S/o Onkar Mal Sharma, Aged About 40 Years, R/o Village Chailasi, Via Nawalgarh, District Jhunjhunu(Raj.)

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Mukesh Kumar S/o Hoshiyar Singh, Aged About 26 Years, R/o Village Chima Ka Bas, Post Berla, District Jhunjhunu (Raj.)

¶7

Sandeep Kumar S/o Bhadar Singh, Aged About 25 Years, R/o Village And Post Nawan, Tehsil Rajgarh, District Churu(Raj.)

¶8

Om Prakash S/o Bhagirath, Aged About 38 Years, R/o Village Bansada, Post Jusriya, Tehsil Makrana, District Nagaur(Raj.)

¶9

Ramniwas Bagaria S/o Om Prakash Bagaria, Aged About 39 Years, R/o Ward No.22, Rajeev Nagar, Khajuwala, District Bikaner (Raj.)

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Ratiram S/o Hari Das Sadh, Aged About 46 Years, R/o IiD,143, Mdv Colony, Bikaner (Raj.)

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----Petitioners

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Versus

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The State Of Rajasthan, Through Principal Secretary Education Department, Govt. Of Rajasthan, Secretariat, Jaipur.

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The Director, Secondary Education, Bikaner (Raj.)

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 5308/2023

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Babu Lal Sharma S/o Shri Udairam Sharma, Aged About 52 Years, R/o Plot No. 79, Tilak Nagar, Gali No. 3, Near Heeradas, Bharatpur (Raj.)

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Brijesh Kumar S/o Nemichand, Aged About 50 Years, R/o Vishnu Garden Colony, Airport Circle Road, Sanganer, Jaipur (Raj.)

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Rajneesh Kumar Gupta S/o Shri Ramswaroop Gupta, Aged About 51 Years, R/o B-117, Shivpuri, Airport Road, Sanganer, Jaipur (Raj.)

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----Petitioners

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Versus

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The State Of Rajasthan, Through Principal Secretary Education Department, Govt. Of Rajasthan, Secretariat, Jaipur.

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The Director, Secondary Education, Bikaner (Raj.)

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----Respondents

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S.B. Civil Writ Petition No. 5536/2023

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Nitesh Kumar S/o Shri Ranjeet Singh, Aged About 35 Years, R/o Village Suro Ka Bas, Jhunjhunu(Raj.)(Employee Id Rjbm201405026868)

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Davinder Shah S/o Shri Avinashi Shah, R/o Ward No.6, Padampur, Shriganganagar (Raj.)(Employee Id

(2 of 4)

[2023/RJJP/011624]

[CW-4727/2023]

Rjga1992235005402)

Gurpreet Singh S/o Jora Singh, R/o C-4, Shalimar Bag, Padampur Road, Shriganganagar (Raj.) (Employee Id Rjga199835008944)

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Manish Ratta S/o Shri Devendra Kumar, R/o B-250, Satiya Colony, Shriganganagar (Employee Id Rjga200135001832)

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Pradeep Kumar Mahendra S/o Krishan Lal Mahendra, R/o House No. 1235, Ward No.20, Purani Abadi, Shriganganagar (Raj.) (Employee Id Rjga200335009360)

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Gurveer Singh S/o Rajendra Singh, R/o B-10, Shalimar Bag, Shriganganagar (Raj.) (Employee Id Rjga199935001653)

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Laxman Ram S/o Sadhuram, R/o House No. Sm-10-11, Ridhi Sidhi-I, Shriganganagar (Raj.) (Employee Id Rjga199635005140)

¶38

Nitin Batra S/o Hot Prakash Batra, R/o 649-A, Jaswant Singh Colony, Last Gali Of Prem Nagar, Near Nanda Ki Kothi, Shriganganagar (Raj.) (Employee Id Rjga200135001893)

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----Petitioners

¶40

Versus

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The State Of Rajasthan, Through Principal Secretary Education Department, Govt. Of Rajasthan, Secretariat, Jaipur.

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The Director, Secondary Education, Bikaner (Raj.)

¶43

----Respondents

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For Petitioner(s) : Mr. Nagendra Sharma Mr. Ravinder Kumar For Respondent(s) : Mr. S.S. Raghav, AAG

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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23/05/2023

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In all three writ petitions, the issue involved is identical in nature, hence, with consent of counsel for both parties all three writ petitions were clubbed and have been heard together and would stand decided by this common order.

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It has been submitted that petitioners are posted as School Lecturers and in the DPC on 17.02.2023, petitioners on the basis of Seniority-cum-merit basis have been recommended for promotion on the post of Vice Principal and are required to be

[2023/RJJP/011624]

[CW-4727/2023]

(3 of 4)

posted on the post of Vice Principal in various School, for which counseling is yet to commence. Petitioners have raised a grievance that respondents have issued an information dated 27.02.2023 prescribing priority of categories of candidates to be considered in counseling for the purpose of posting, wherein the spouse category has not been included. Therefore, petitioners are seeking direction against respondents to include the spouse category in the privileged category at priority No.6 in counseling for the purpose of posting petitioners on their promotional post of Vice Principal.

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Petitioners have placed reliance on the earlier guidelines/directions dated 22.02.2015 wherein, in respect of posting in the direct recruitment as well as on recommendations of DPC for promotion, the spouse category was allowed to be included in the privileged category. It has been submitted that since spouse of petitioners are also in Government service, therefore, in the upcoming counseling of petitioners pursuant to DPC dated 17.02.2023, by inclusion of spouse category in the privileged class, petitioners be considered to give posting with their respective spouse on priority basis.

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Learned Additional Advocate General appearing on behalf of State submits that directions/guidelines dated 22.02.2015 have been superseded by issuing fresh order dated 12.02.2016 by the Education (Group-II) Department, Government of Rajasthan, according to which in case of promotion on the post of Principal through DPC, the spouse category has not been included for giving priority for posting at the same place. The priority to spouse category is available only in case of direct recruitment.

[2023/RJJP/011624]

[CW-4727/2023]

(4 of 4)

Having faced with the issuance of order dated 12.02.2016 by the State Government, after previous guidelines/directions dated 22.02.2015, learned counsel for petitioners, on instructions of petitioners, do not press their prayer for inclusion of spouse category amongst other privileged category as indicated in the letter dated 27.02.2023. However, it has been humbly prayed that petitioners may be allowed to submit a representation before respondents to consider their case as far as possible for grant of posting of husband and wife at one place, sympathetically, while allowing petitioners to participate in counseling for posting on the promotional post of Vice Principal pursuant to recommendations of DPC dated 17.02.2023.

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Learned Additional Advocate General do not oppose the alternative prayer of petitioners that in case any such representation is filed, same shall obviously be considered and decided in accordance with policy of the State Government.

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In view of above, all three writ petitions are disposed of as not press on merits. However, It is hereby observe that petitioners would be at liberty to submit representation before respondents, to consider their individual case for grant of posting to husband and wife at same place as far as possible, subject to availability of vacancies, respondents would consider such representation(s) in accordance with policy of the State Government.

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Stay applications and other pending application(s), if any, also stand disposed of.

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(SUDESH BANSAL),J

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NITIN /18-20

Puneet Kumar Budania S/O Rajendra Singh v. the State of Rajasthan

Case brief

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Puneet Kumar Budania S/O Rajendra Singh v. the State of Rajasthan

Case brief

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