Disposed

Praveen Chouhan v. the State of Rajasthan

Rajasthan HC22 Apr 2024CW/1725/2024

Case brief

AI extract

What is this about?

This court disposed of a writ petition concerning the exclusion of petitioners from a provisional seniority list. Directing the competent authority to pass appropriate administrative orders to deal with the petitioners' objections, the court allowed the petition for quality reasons without deciding the merits. The petitioners retained liberty to challenge further orders.

What did the court decide?

Direction to competent authority to pass appropriate administrative orders dealing with petitioners' objections to the seniority list.

Praveen Chouhan Vs the State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JD:17303]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 1725/2024

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Praveen Chouhan S/o Sh. Daulat Ram Chouhan, Aged About 43 Years, Resident Of Mandir Wala Mohalla, Bhadwasia, Jodhpur.

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Chor Mal S/o Munshi Ram, Aged About 36 Years, Resident Of Ward No. 10, Dholpalia, Kalana, Hanumangarh (Raj.)

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Mahendra Kumar S/o Shri Rampal, Aged About 40 Years, Resident Of 1876/44, Street No. 06, Kapil Vastu Colony, New Rajiv Nagar, Dhola Bhata, Ajmer (Rajasthan)

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Sanju Verma W/o Ravi Kumar Verma, Aged About 38 Years, Resident Of 88-B, Jawahar Basti, Jhalawar (Raj.)

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----Petitioners

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Versus

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

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The Director, Secondary Education, Education Directorate, Bikaner.

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The Joint Director (Personnel) Secondary Education, Rajasthan, Bikaner

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----Respondents

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For Petitioner(s) : Mr. Rahul Sharma For Respondent(s) : Mr. Vishal Jangid

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HON'BLE MR. JUSTICE ARUN MONGA

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Order

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22/04/2024

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Challenge herein is to an order dated 17.11.2022 (Annex.7), passed by the Director, Secondary Education, Rajasthan, Bikaner and further direction is sought commanding the respondents to pass any further office order pursuant to the order dated 17.11.2022.

[2024:RJ-JD:17303]

[CW-1725/2024]

(2 of 3)

The petitioners were promoted on the post of Lecturer (School Education) Maths as per their seniority. Thereafter, the respondents issued provisional seniority list for the year 2017-18 vide order dated 10.10.2022. However, the names of the petitioners were not included though the persons, recruited through RPSC in the year 2017-18 were included in the seniority list. The petitioners thus filed objections but to no avail. Since the petitioners apprehend their demotion, hence this petition.

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In para No.4 of the petition, specific averment is that the petitioners, on coming to know of assigning wrong seniority to them, not only filed objections qua the provisional seniority list but also sought information under the Right to Information Act.

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On a court query, learned counsel for the petitioners apprises that neither any RTI response was provided to the petitioners nor the specific objections raised by them were dealt with by the competent authority. In complete short shrift thereof, the final seniority list was published. Thus, leaving the petitioners completely remeadiless in the absence of reasons having been conveyed to them for rejecting their claim.

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In the aforesaid premise, learned counsel for the respondents suggests that pending objection petition of the petitioners qua the seniority list, can now be taken up by the competent authority and appropriate administrative orders can then be passed on the same by dealing with the contents thereof. 6. In view thereof, the writ petition is disposed of with the direction to the competent authority to pass appropriate administrative orders in accordance with law.

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(3 of 3) [CW-1725/2024]

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[2024:RJ-JD:17303]

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Needless to say, in case the petitioners are not given favourable treatment as per their expectations, they shall be at liberty to take legal recourse to the proposed orders to be passed.

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(ARUN MONGA),J

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23-skm/-

Praveen Chouhan v. the State of Rajasthan

Case brief

What is this about?

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Praveen Chouhan v. the State of Rajasthan

Case brief

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