Dismissed

Kamli Ram Meena v. Ajmer Vidyut Vitran Nigam Ltd.

Rajasthan HC26 Jul 2023SAW/1108/2022

Case brief

AI extract

What is this about?

This special appeal was dismissed by the High Court. The court held that the appellant lacked locus standi to challenge the Board of Directors' decision to exonerate a respondent and promote him, resulting in the appellant's demotion, relying on the Supreme Court's precedent that employees have no vested right to promotion chances.

What did the court decide?

The special appeal writ and the stay petition were dismissed.

Kamli Ram Meena Vs Ajmer Vidyut Vitran… — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023:RJ-JD:23530-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Special Appeal Writ No. 1108/2022

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Kamli Ram Meena S/o Shri Ratan Lal Meena, Aged About 51 Years, R/o Village Post Taranpur, Tehsil Malarna Dungar, District Sawai Madhopur (Rajasthan).

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----Appellant

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Versus

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Ajmer Vidyut Vitran Nigam Ltd., Through Managing Director, Vidyut Bhawan Panchsheel Nagar, Makadwali Road, Ajmer.

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Secretary (Admn.), Ajmer Vidyut Vitran Nigam Ltd., Vidyut Bhawan Panchsheel Nagar, Makadwali Road, Ajmer.

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Chairman, DISCOMS, Vidhyut Bhawan, Jaipur.

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Fahli Ram Meena S/o Shri Jansee Lal Meena, Aged About 48 Years, R/o Plot No. 180, Prem Nagar, Jagatpura Jaipur, Presently Posted As Superintending Engineer (O And M) AVVNL Nagaur (Raj.).

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Gajraj Singh Meena, S.E., Chief Safety Officer, A.V.V.N.L, Hathi Bhata, Ajmer.

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----Respondents

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For Appellant(s) : Mr. Vinay Jain Mr. Darshan Jain

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

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Judgment

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26/07/2023

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1. This special appeal writ has been filed by the appellant being aggrieved with the order dated 06.12.2022 passed by the learned Single Judge in S.B. Civil Writ Petition No.12456/2022 (Kamli Ram Meena Vs. AVVNL & Ors.) , whereby the above mentioned writ petition filed by the appellant was dismissed while holding that the

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[2023:RJ-JD:23530-DB]

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[SAW-1108/2022]

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(2 of 4)

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appellant does not have locus standi to question the validity of the order passed by the Board of Directors.

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2. Brief facts of the case are that the appellant was working on the post of Executive Engineer with the respondent No.1 – Ajmer Vidyut Vitran Nigam Ltd., Ajmer (hereinafter to be referred as ‘the respondent No.1 – AVVNL’) and was promoted on the post of Superintending Engineer vide order dated 02.11.2020. Later on, the appellant was demoted as Executive Engineer vide order dated 03.08.2022 on account of granting promotion to the respondent No.4 on the post of Superintending Engineer.

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3. The respondent No.4 was denied promotion on the post of Superintending Engineer while taking into consideration the fact that in a departmental enquiry, he was visited with penalty of stoppage of one annual grade increment without cumulative effect by order dated 09.12.2013. Against the said order, the respondent No.4 preferred a departmental appeal before the appellate authority, however, the said appeal came to be dismissed vide order dated 03.02.2015. Thereafter, the respondent No.4 preferred second appeal before the Board of Directors and the said second appeal also came to be dismissed as not maintainable vide order dated 23.12.2019.

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4. Being aggrieved with the same, respondent No.4 preferred a writ petition being S.B. Civil Writ Petition No.140/2020 before this Court and the learned Single Judge of this Court while dismissing the said writ petition as withdrawn granted liberty to the respondent No.4 to agitate the case before the respondent

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(3 of 4)

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[2023:RJ-JD:23530-DB]

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[SAW-1108/2022]

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department with a direction to the respondent department to deal with the same in accordance with law.

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5. Thereafter, the Board of Directors considered and allowed the representation of the respondent No.4, whereby he was exonerated from the charges levelled against him, meaning thereby the penalty imposed upon him came to at end. Subsequently, a review DPC was held and respondent–AVVNL promoted the respondent No.4 as Superintending Engineer which resulted into demotion of the appellant on the post of Executive Engineer.

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6. The appellant challenged the decision of the Board of Directors of exonerating the respondent No.4 as well as the order of promotion of respondent No.4 by way of writ petition being S.B. Civil Writ Petition No.12456/2022 .

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7. Vide impugned order dated 06.12.2022, learned Single Judge of this Court while taking into consideration the decision rendered by the Hon’ble Supreme Court in Chandra Gupta I.F.S. Vs. The Secretary, Government of India, Ministry of Environment and Forests & Ors. reported in (1995) 1 SCC 23 dismissed S.B. Civil Writ Petition No.12456/2022 filed by the appellant and held that the appellant does not have locus standi to question the validity of the order passed by the Board of Directors. 8. It is true that though with the exoneration of the respondent No.4 by the Board of Directors, the appellant was demoted from the post of Superintending Engineer to the post of Executive Engineer but in view of the decision rendered by the Hon’ble Supreme Court in the case of Chandra Gupa (supra), the

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(4 of 4)

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[2023:RJ-JD:23530-DB]

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[SAW-1108/2022]

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appellant has no locus to challenge the decision of the Board of Directors because the Hon’ble Supreme Court in the above referred decision has held that no employee has a right or vested right to chances of promotion.

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9. Having heard learned counsel for the appellant and after perusing the material available on record, we are of the opinion that no case for interference is made out.

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10. Hence, this special appeal writ as well as stay petition are hereby dismissed.

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(YOGENDRA KUMAR PUROHIT),J (VIJAY BISHNOI),J

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Abhishek Kumar S.No.12

Kamli Ram Meena v. Ajmer Vidyut Vitran Nigam Ltd.

Case brief

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Kamli Ram Meena v. Ajmer Vidyut Vitran Nigam Ltd.

Case brief

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