Kailash Sankhala S/O Shri Satya Narayan Sankhala Vs the High Court of Judicature for Rajasthan

Instant writ petition is preferred with following prayer: “It is therefore, prayed to issue an appropriate writ or direction to the respondents for assigning seniority to petitioner from date of substantive appointment 1.e.1-4-2005 for promotion as per proviso of rule 26 of service rules of Raj. Subordinate court Ministerial establishment rules 1986 or in alternative to reconsider by rectifying seniority of petitioner Steno Gr.III w.e.f. 26-3-2011, once the petitioner had forgone his 6 years past seniority to join Jaipur Distt. Judgeship and act of resp. No.1 to accommodate two Steno Gr. III at Jaipur Metro judgeship just after transfer of petitioner on 15-4-2011 without passing adm. Order in favour of petitioner of having given

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[2026:RJ-JP:4629]

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first preference of jaipur metro be declared arbitrary in the interest of justice.”

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Brief facts of the case are that the petitioner was initially appointed a Stenographer Grade-III on 01.04.2005 in the Judgeship of Pali but at request of the petitioner, he was transferred vide order dated 15.02.2011 to Jaipur District from Pali. After joining at Jaipur District, the petitioner was declared as surplus and was transferred due to administrative reasons to Bhilwara vide order dated 15.04.2011. Again the petitioner has filed his application for transfer from Bhilwara to Jaipur and vide order dated 04.10.2017, the petitioner was transferred from Bhilwara to Jaipur Metro.

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The seniority list published on 29.11.2019 (annexure-11) indicated that the petitioner was assigned seniority, only on basis of his joining at Jaipur Metro in 2017, as he lost entire seniority due to transfer from Bhilwara to Jaipur Metro. The petitioner has filed representation to the Registrar General and followed by notice for demand of justice.

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The counsel for petitioner submits that petitioner was appointed in substantive capacity on 01.04.2005 but due to personal reason, he has sought his transfer from Pali to Jaipur and vide order dated 15.02.2011, the petitioner was transferred from Pali to Jaipur District. He further submitted that subsequent transfer order dated 15.04.2011 on administrative grounds has put the petitioner in disadvantaged condition. He further referred order dated 13.10.2014 (Annexure-8) and submitted that despite 9

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years of total service, the application for inter district was rejected on the ground that petitioner was not able for fulfill minimum service length at Bhilwara. He also submitted that after subsequent application dated 29.07.2017, the petitioner was transferred on 04.10.2017 and ultimately the seniority at current place is fixed from the date when the petitioner has joined in Jaipur Metro, pursuant to order dated 04.10.2017. He further submitted that the petitioner has lost his entire seniority due to rigid approach of the respondents. 5. Learned Counsel appearing on behalf of the Respondents submitted that the petitioner was transferred on his own request from Pali to Jaipur District, and when he joined at Jaipur District, he was placed at lowest in seniority and when he became surplus, he was transferred on administrative ground to Bhilwara judgeship. He also submitted that the petitioner was transferred to Jaipur Metro on his own request, thus he was again placed at lowest in seniority list. He further submitted that at the most petitioner may submit a representation to Respondent No. 1 and same shall be considered, but he submits that there is rule of seniority and petitioner is not entitled for any relief.

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Heard learned counsel for the parties and perusal of material placed on record. We are deciding the writ petition finally at this stage.

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Admittedly, the petitioner has lost his seniority when he was transferred from Pali to Jaipur District Judgeship pursuant to order passed by Respondent No. 1 on 15.02.2011. After joining at Jaipur District Judgeship, the petitioner was placed

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at lowest (last number in seniority list of stenographers). Due to abolition of 40 fast track courts, surplus/junior employees were transferred vide order dated 15.04.2011, as a result the petitioner was transferred from Jaipur District to Bhilwara. Needless to say that the petitioner has lost his seniority while joining at Jaipur district, but he was not kept at Jaipur, and transferred to Bhilwara district, on administrative ground.

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Again the petitioner has filed an application for transfer to Jaipur Metro, but the application was rejected by learned District Judge Bhilwara on 13.10.2014 as petitioner was not qualified, meaning thereby petitioner has again suffered because of lesser number year in service. Ultimately the petitioner was transferred from Bhilwara by order dated 04.10.2017 by Respondent No. 1 and now the petitioner has been placed at lowest place in seniority list in Jaipur Metro.

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It is hard luck for a person, who was appointed on 31.03.2005 after being selected through regular recruitment process but he was again forced to e placed as Junior most Stenograoher, along with new appointees of 04.10.2017. Since this issue requires consideration by Hon'ble Chief Justice in administrative side so that a person may not suffer at the door of temple of justice.

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Having considered the facts of the case, it is appropriate to direct the petitioner to submit a fresh representation within 60 days along with copy of this order to Respondent No. 1 through Respondent No. 2 to address his grievance about seniority.

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In view of aforesaid, the writ petition is disposed of with direction to the petitioner to submit a representation within a period of 60 days to the respondent No.1 through proper channel. On receipt of representation, respondent No.1 shall consider the representation particularly to the fact that the petitioner was transferred from Pali to Jaipur District on his own request but within two months, he has been transferred from Jaipur District to Bhilwara, thereby the petitioner has to loose his seniority which he acquired by virtue of appointment at Pali in year 2005. If the seniority, which the petitioner was having at Pali (date of appointment) is maintained at Bhilwara, then the petitioner may not be adversely effected as by the time, he acquired the seniority he would be in a different position at Jaipur Metro in year 2017. Alternatively the respondent No.1 may consider to give seniority to the petitioner when he was first transferred from Pali and joined at Jaipur Distict (year 2011).

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The respondent No.1 is directed to decide the representation in light of suggestions made by this Court within a period of 90 days from receipt of representation.

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Accordingly, instant writ petition along with pending application, if any, are hereby disposed of.

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(ASHOK KUMAR JAIN),J

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PREETI VALECHA /124

Kailash Sankhala S/O Shri Satya Narayan Sankhala v. the High Court of Judicature for Rajasthan

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Kailash Sankhala S/O Shri Satya Narayan Sankhala v. the High Court of Judicature for Rajasthan

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