A retired government servant filed a writ petition seeking promotion post-retirement filed with undelatable delay of 23 years and failure to implead affected persons. The court dismissed the petition finding no case for interference under Article 226.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 5516/2000
Murli Manohar Mathur son of late Shri Sampat Rai Ji Mathur age 60 years, resident of A 384 Vaishali Nagar, Jaipur.
...Petitioner
Versus
...Respondents
For Petitioner(s) : Mr. Amit Kumar Dhawan. For Respondent(s) : Mr. Surendra Meel.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
29/11/2023
This writ petition has been filed by the petitioner with the
following prayer:-
It is, therefore, humbly prayed that your Lordships may graciously be pleased to allow this writ petition and by an appropriate writ order or direction. i) direct the respondents to promote the petitioner on the post of Joint Director (Horticulture Research) from the date persons junior to him was promoted and grant consequential benefits of pay, pension, gratuity and other retiral benefits available under the rules; ii) any other appropriate writ, order or direction which this Hon’ble Court may deem just and proper in the facts and circumstances may kindly be passed in favour of the petitioner; iii) writ petition may kindly be allowed with costs.”
By way of this writ petition, the petitioner seeks promotion
on the post of Joint Director (Horticulture Research).
[CW-5516/2000]
(2 of 2)
Admittedly, the petitioner has filed this writ petition after his retirement from Government service.
I have perused the writ petition and find that the petitioner has not made any person as party respondent in the writ petition above whom the petitioner wants his promotion and the present writ petition was filed in the year 2000 after retirement from his service, therefore, after a delay of 23 years, as of now, I am not inclined to disturb the settle position with regard to seniority and promotion in the department, more so, the petitioner has failed to implead any effected person as party respondent in the writ petition, therefore, no case is made out for interference by this court under Article 226 of the Constitution of India.
Hence, this writ petition is dismissed. All pending applications stand disposed of.
(INDERJEET SINGH),J
TUSHAR/MG/10
2 issues framed by the court
Whether the High Court is justified in allowing a writ petition filed 23 years after retirement for post-retirement promotion.
Whether the omission to implead affected persons precludes judicial interference in seniority and promotion matters.
1 provisions across 1 enactments
Murli Manohar Mathur
State of Rajasthan
Secretary Agriculture Production, Government of Rajasthan
Director of Agriculture Rajasthan
Inderjeet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
