Rajasthan High Court - Jodhpur
State Of Rajasthan vs Bheenya Ram (2024:Rj-Jd:49370-Db) on 3 December, 2024
Author: Rekha Borana
Bench: Rekha Borana
[2024:RJ-JD:49370-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Special Appeal Writ No. 874/2024
1. The State of Rajasthan, through Secretary, Department of
Education, Government of Rajasthan, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The Joint Director (Administration), Secondary Education,
Rajasthan, Bikaner.
4. District Education Officer, District Deedwana.
5. District Education Officer, District Neem Ka Thana.
6. District Education Officer, District Jhalawar.
7. District Education Officer, District Bundi.
8. District Education Officer, District Dungarpur.
----Appellants
Versus
1. Ravi Kumar son of Poonam Chand Jangid, aged about 39
Years, presently posted at Johari Sr. Sec. School, Ladnun,
resident of C/o Shankar Colony Bhag A Gourav Path,
Ladnun, District Didwana. Rajasthan- 341306
2. Shriram Jat son of Ganpat Ram Jat, aged about 43 Years,
presently posted at GSSS Deepawas, resident of Vpo
Sirohi, Tehsil and District Neem Ka Thana, Rajasthan
332714
3. Nathu Ram Meena son of Jodha Ram Meena, aged about
47 Years, presently posted at GSSS Manaksas, resident of
Village Post Papra, Ward No.3, Tehsil Udaipurwati, District
Neem Ka Thana, Rajasthan.
4. Roshani Jakhar daughter of Sultan Singh, aged about 35
Years, presently posted at GSSS Jodhpura, resident of
Dhani Jakharo Wali, Ward No. 12, Neem Ka Thana,
Rajasthan.
5. Kailash Chandra Lamba son of Narsa Ram, aged about 38
Years, presently posted at Mggs Chala, resident of Village
Jharayan Nagar, Post Pachlangi, Tehsil Udaipurwati,
District Neem Ka Thana, Rajasthan-333801.
6. Ramesh Kumar son of Sultan Singh, aged about 41 Years,
presently posted at GSSS Bandiyabas, Sikar, resident of
Dhani Navoda, Village Kalyanpura, Post Jairampura, Tehsil
Shrimadhopur, District Neem Ka Thana, Rajasthan
332715.
7. Vijesh Kumar son of Mohan Lal Joshi, aged about 37
Years, presently posted GSSS Shri Krishna Nagar,
resident of Vpo Rasoolpur, Tehsil Khatri, District Neem Ka
Thana, Rajasthan-333020.
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8. Tejraj Singh son of Ummed Singh, aged about 39 Years,
presently posted at GSSS Doondi Gadarwara, resident of
Village Lodaguda, Post Bhagwanpura, Tehsil Khanpur,
District Jhalawar, Rajasthan - 326038.
9. Hanuman Prasad Rahtor son of Shri Mohan Lal, aged
about 41 Years, presently posted at GSSS Ramnagar,
Kanjar Colony, resident of Mn 66, Bharat Nagar, Dist.
Bundi.
10. Shital Pandya daughter of Harish Dwivedi, aged about 47
Years, presently posted at Gmsss Dungarpur, resident of
H. N. 5, (Bramhasthali, Colony, Near New Era School,
Dungarpur, Rajasthan-314001.
----Respondents
Connected With
D.B. Special Appeal Writ No. 142/2024
1. State of Rajasthan, through Secretary, Department of
Education, Government of Rajasthan, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The Joint Director (Administration), Secondary Education,
Rajasthan, Bikaner.
4. The District Education Officer (Dpc), Secondary
Education, Rajasthan, Bikaner.
----Appellants
Versus
Manohar Singh Rathore son of Shri Jait Singh Rathore, aged
about 56 Years, resident of Village - Post Solankiya Tala, Via
Setrawa, Shergarh, District Jodhpur (Raj.).
----Respondent
D.B. Special Appeal Writ No. 149/2024
1. State of Rajasthan, through The Principal Secretary,
Department of Education, Government of Rajasthan,
Secretariat, Jaipur.
2. The Director, Secondary Education, Bikaner, Rajasthan.
3. Isha Gupta, Working on the Post of School Lecturer Govt.
Girls Senior Secondary School, Ward No. 17, Suratgarh,
District - Sri Ganganagar.
4. Neer Kumar, Working on the Post of School Lecturer Govt.
Senior Secondary School, Badopal Barani, Block
Pilibanga, District - Hanumangarh.
5. Mufat Lal, Working on the Post of School Lecturer Govt.
Senior Secondary School, Khariya Anawas, Block-Pipar
City, District - Jodhpur.
6. Chetan Dan, Working on the Post of School Lecturer Govt.
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Senior Secondary School, Chirdani, Pipar City, District -
Jodhpur.
7. Anita Balecha, Working on the Post of School Lecturer
Govt. Girls Senior Secondary School, Ratanada, Jodhpur.
----Appellants
Versus
1. Hasamdeen son of Sh. Kamru Khan, aged about 45 Years,
resident of - Vpo - Nathusar, Tehsil - Pokhran, District -
Jaisalmer.
2. Kanti Ram son of Sh. Saja Ram, aged about 45 Years,
resident of Village Nainol, Tehsil - Srnau, District - Jalore.
3. Anuradha Vishnoi daughter of Sh. Raghunath Ram, aged
about 37 Years, resident of Dilip Nagar, Post - Magra
Punjla, District Jodhpur.
4. Kaushal Amrawat daughter of Sh. Himmat Singh Charan,
aged about 36 Years, resident of- Mehra Jota Ka Baas,
Marwar, Mathaniya, District - Jodhpur.
5. Surta Gurjar W/o Sh. Mukesh Kumar, aged about 34
Years, resident of- House No. Er-16, Thermal Colony,
Sakatpura, Kota.
6. Pawan Kumar son of Sh. Prabhu Ram, aged about 40
Years, resident of- Vpo Baloda, District - Jhunjhunu.
7. Manjoor Ahmad son of Sh. Bage Khan, aged about 50
Years, resident of- Nathusar, Barli Charnan, District -
Jaisalmer.
8. Ambika Chahar daughter of Sh. Bhagwan Singh Chahar,
aged about 38 Years, resident of C-310, Van Vihar Colony,
Churu.
9. Asha Kanwar daughter of Sh. Shripal Singh, aged about
43 Years, resident of- Village /post - Baradadas Bhamasi,
Tehsil and District Churu.
10. Manisha daughter of Sh. Kishan Singh, aged about 35
Years, resident of Kumher Road, Nadbai, District -
Bharatpur.
11. Neelam Kumari daughter of Sh. Randheer Singh, aged
about 37 Years, resident of - Unch, Nadbai, District -
Bharatpur.
12. Deepika Sisodia daughter of Sh. Yashwant Singh, aged
about 36 Years, resident of - Gayatri Colony, Jhalawar.
----Respondents
D.B. Special Appeal Writ No. 150/2024
1. State of Rajasthan, through Secretary, Department of
Education, Government of Rajasthan, Jaipur.
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2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The Joint Director (Administration), Secondary Education,
Rajasthan, Bikaner.
----Appellants
Versus
Sukha Ram son of Shri Birbal Ram, aged about 39 Years,
resident of Thalodo Ki Dhani, Aasolai, Vpo Padiyal, Tehsil Phalodi,
District Jodhpur (Raj.).
----Respondent
D.B. Special Appeal Writ No. 338/2024
1. State of Rajasthan, through The Secretary, Department of
Education, Government of Rajasthan, Secretariat, Jaipur.
2. The Director, Secondary Education, Bikaner, Rajasthan.
3. The Joint Director, Secondary Education, Division Churu,
Churu, Rajasthan.
4. Mool Chand Yadav, Presently Working on the Post of
Lecturer at Harish Anjana Government Girls Senior
Secondary School, Chhoti Sadri, District Pratapgarh,
Rajasthan.
5. Anamika Sharma, Presently Working on the Post of
Lecturer at Government Senior Secondary School,
Banasthali, District Tonk, Rajasthan.
----Appellants
Versus
Mahesh Kumar Sankholia son of Shri Bajrang Lal Sankholia, aged
about 35 Years, resident of Gugji Kue Ke Pas, Ward No. 20,
Ratangarh, District Churu, Rajasthan.
----Respondent
D.B. Special Appeal Writ No. 340/2024
1. State of Rajasthan, through The Secretary, Department of
Education, Government of Rajasthan, Secretariat, Jaipur.
2. The Director, Secondary Education, Bikaner, Rajasthan.
3. The Joint Director, School Education, Udaipur, Rajasthan.
4. Amar Lal Bairwa, Presently Working on the Post of
Lecturer at Harish Anjana Government Girls Senior
Secondary School, Chhoti Sadri, District Pratapgarh,
Rajasthan.
----Appellants
Versus
Kesu Lal Salvi son of Shankar Lal Salvi, aged about 42 Years,
resident of. 81, A-Block, Meera Nagar, Bhuwana, District Udaipur,
Rajasthan.
----Respondent
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D.B. Special Appeal Writ No. 390/2024
1. State of Rajasthan, through Secretary, Department of
Education, Government of Rajasthan, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The Joint Director (Administration), Secondary Education,
Rajasthan, Bikaner.
----Appellants
Versus
Dilip Kumar Meena son of Shri Bhanwar Lal, aged about 53
Years, resident of Near Bsnl Telephone Exchange, Ratan Nagar,
Churu (Raj.).
----Respondent
D.B. Special Appeal Writ No. 409/2024
1. State of Rajasthan, through The Secretary, Department of
Education, Government of Rajasthan, Jaipur, Rajasthan.
2. The Director, Secondary Education, Bikaner, Rajasthan.
----Appellants
Versus
1. Shyam Lal Gayari son of Bhanwar Lal Gayari, aged about
39 Years, Movai, Tehsil Arnod, Dist. Pratapgarh,
Rajasthan.
2. Lokesh Kumar, aged about 39 Years, 15 Agrasen Nagar
Vistar, Mahesh Nagar, Jaipur, Rajasthan.
3. Anil Kumar, aged about 34 Years, Village Hukumpura,
Tehsil Gudha Gorji, Dist. Jhunjhunu, Rajasthan.
4. Yogendra Kumar Gohil, aged about 39 Years, Lal Bazar,
Bpo Bhagwatgarh, Tehsil Chouth Ka Barwara, District
Sawai Madhopur Rajasthan.
5. Rakesh Kumar Bhariya, aged about 43 Years, Singhana,
District Jhunjhunu, Rajasthan.
----Respondents
D.B. Special Appeal Writ No. 458/2024
1. State of Rajasthan, through Secretary, Department of
Education, Government of Rajasthan, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The Joint Director (Administration), Secondary Education,
Rajasthan, Bikaner.
----Appellants
Versus
Ram Niwas son of Shri Dharm Pal, aged about 52 Years, resident
of Village Sulkhaniya Bada, Post Sulkhaniya Chota, Tehsil
Rajgarh, District Churu (Raj.).
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----Respondent
D.B. Special Appeal Writ No. 460/2024
1. State of Rajasthan, through Secretary, Department of
Education, Government of Rajasthan, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The Joint Director (Administration), Secondary Education,
Rajasthan, Bikaner.
----Appellants
Versus
Prasannata Kumari daughter of Shri Ram Niwas, W/o Sunil
Kumar, aged about 39 Years, resident of Neem Ka Thana, Naya
Bas, Khidwana, Surajgarh, District Sikar (Raj.).
----Respondent
D.B. Special Appeal Writ No. 544/2024
1. State of Rajasthan, through Secretary, Department of
Education, Government of Rajasthan, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The Joint Director (Administration), Secondary Education,
Rajasthan, Bikaner.
----Appellants
Versus
Vasudev son of Shri Prabhu Singh, aged about 36 Years, resident
of Rajapura, Daboli Methi, Degana, District Nagaur (Raj.).
----Respondent
D.B. Special Appeal Writ No. 607/2024
1. State of Rajasthan, through Secretary, Department of
Education, Government of Rajasthan, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The Joint Director (Administration), Secondary Education,
Rajasthan, Bikaner.
----Appellants
Versus
Surendra Prasad Sharma son of Shri Amar Singh, aged about 46
Years, resident of Vpo Binjawas, Tehsil Rajgarh, District Churu.
----Respondent
D.B. Special Appeal Writ No. 695/2024
1. State of Rajasthan, through Secretary, Department of
Education, Government of Rajasthan, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The Joint Director (Administration), Secondary Education,
Rajasthan, Bikaner.
4. The District Education Officer (Dpc), Secondary
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Education, Rajasthan, Bikaner.
----Appellants
Versus
Umraw Singh Rathore son of Shri Arjun Singh Rathore, aged
about 50 Years, Village Dalpat Nagar, Post Khirjasha, Bhom Ji Ka
Dhaniya, Shergarh, District Jodhpur (Raj.).
----Respondent
D.B. Special Appeal Writ No. 724/2024
1. State of Rajasthan, through Secretary, Department of
Education, Government of Rajasthan, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The Joint Director (Administration), Secondary Education,
Rajasthan, Bikaner.
----Appellants
Versus
Praveen Kumar son of Shri Veera Ram, aged about 43 Years,
resident of Mudho Ki Dhani, Barmer Gramin, Tehsil and District
Barmer at Present Ist Grade Teacher at Government Senior
Secondary School, Purohito Ki Basti, Mundho Ki Dhani, District
Barmer.
----Respondent
D.B. Special Appeal Writ No. 725/2024
1. State of Rajasthan, through Secretary, Department of
Education, Government of Rajasthan, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The Joint Director (Administration), Secondary Education,
Rajasthan, Bikaner.
----Appellants
Versus
Rajuram son of Shri Koshla Ram Choudhary, aged about 48
Years, resident of Peengalpura, Janiyon Ki Basti Roopnagar,
Tehsil and District Barmer (Raj.) at Present Ist Grade
Teacher/school Lecturer at Adarsh Government Senior Secondary
School, Bamnor Bhawar Sah, District Barmer.
----Respondent
D.B. Special Appeal Writ No. 726/2024
1. State of Rajasthan, through Secretary, Department of
Education, Government of Rajasthan, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The Joint Director (Administration), Secondary Education,
Rajasthan, Bikaner.
----Appellants
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Versus
Premsingh son of Shri Rugaram, aged about 50 Years, resident
of Mudho Ki Dhani, Tehsil and District Barmer (Raj.) at Present
1st Grade Teacher/school Lecturer at Adarsh Senor Secondary
School, Bola, District Barmer.
----Respondent
D.B. Special Appeal Writ No. 732/2024
1. State of Rajasthan, through Secretary, Department of
Education, Government of Rajasthan, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The Joint Director (Administration), Secondary Education,
Rajasthan, Bikaner.
----Appellants
Versus
Khemaram son of Shri Khetaram, aged about 47 Years, resident
of Shastri Nagar, Tehsil and District Barmer (Raj.) at Present I st
Grade Teacher/school Lecturer at Government Senior Secondary
School Gadraroad, Panchayat Samiti Ramsar, District Barmer.
----Respondent
D.B. Special Appeal Writ No. 736/2024
1. State of Rajasthan, through Secretary, Department of
Education, Government of Rajasthan, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The Joint Diector (Administration), Secondary Education,
Rajasthan, Bikaner.
----Appellants
Versus
Bheenya Ram son of Shri Jeta Ram, aged about 42 Years,
resident of Garal Sujan Singh, District Barmer at Present
Lecturer (1st Grade) at Government Senior Secondary School,
Garal, District Barmer.
----Respondent
D.B. Special Appeal Writ No. 737/2024
1. State of Rajasthan, through Secretary, Department of
Education, Government of Rajasthan, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The Joint Director (Administration), Secondary Education,
Rajasthan, Bikaner.
----Appellants
Versus
Shravan Kumar Jangid son of Shri Achla Ram Jangid, aged about
38 Years, resident of Sutharon Ka Tala Barmer, District Barmer at
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Present Lecturer (Ist Grade) at Government Senior Secondary
School, Sutharon Ka Tala, District Barmer.
----Respondent
D.B. Special Appeal Writ No. 868/2024
1. State of Rajasthan, through Secretary, Department of
Education, Government of Rajasthan, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The Joint Registrar (Administration), Secondary
Education, Rajasthan, Bikaner.
4. District Education Officer, Dist. Deedwana.
5. District Education Officer, Dist. Ajmer.
6. District Education Officer, Dist. Udaipur.
7. District Education Officer, Dist. Bikaner.
8. District Education Officer, Dist. Shri Ganganagar.
----Appellants
Versus
1. Pappu Bajiya son of Khema Ram Bajiya, aged about 40
Years, presently posted at GSSS Deendarpura, Maulasar,
Didwana, resident of Village Post Khariya, Tehsil Maulasar,
District Didwana, Rajasthan-341551.
2. Lokesh Chandra Chouhan son of Ratanlal Chouhan, aged
about 42 Years, presently posted at GSSS Biloda, resident
of Near Jain Temple, Sadar Bazar, Garhi, District
Banswara, Rajasthan-327022.
3. Suresh Chandra son of onkarmal Kinchi, aged about 45
Years, presently posted at GSSS Singrawat Kalan,
resident of Ward No. 18, Mohalla Khatikan, Fatehpuri
Gate Dist. Didwana, Rajasthan-341303.
4. Ramesh Kumar son of Mohan Lal, aged about 38 Years,
presently posted at GSSS Malkana Khurd, resident of
Vpo-5, E Chhoti Naiwala, Sriganganagar, Rajasthan.
5. Rohitash son of Inderaj, aged about 39 Years, presently
posted at GSSS Takhranwali, Ganganagar, resident of
Village Ganesh Garh, Sri Ganganagar, Rajasthan-335025.
6. Raj Kumar son of Balraj, aged about 36 Years, presently
posted at GSSS Sri Karanpur, resident of Hanuman Mandir
Ke Picche, Devata Colony, Sri Karanpur, District Sri
Ganganagar, Rajasthan-335073.
7. Sahab Ram son of Moola Ram Swami, aged about 40
Years, presently posted at GSSS Udaipur, Suratgarh,
resident of Ward No. 10, Shivam Verity Store Ramdev
Mandir Road, Suratgarh, District Sriganganagar.
8. Sulochana Kumari daughter of Bhagirath, W/o Bhimsen,
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aged about 41 Years, presently posted at Pacca Bhadwa
(Hanumanth) resident of Vpo Lalgarh Jattan, Tehsil
Sadulshahar, District Sriganganagar, Rajasthan-335037
9. Sunita daughter of Sher Singh, aged about 41 Years,
presently posted at Mggs, Srikaranpur, resident of Bansal
Colony, Near Sani Mandir, Srilaranpur, Dist. Sri
Ganganagar.
10. Sanjay Kumar son of Mohan Lal, aged about 49 Years,
presently posted at GSSS Jangloo Panchu, Bikaner,
resident of C-54, Mayur Vihar Colony, Near Haldiram Piau,
Jaipur Road, Bikaner, Rajasthan.
11. Suryadev Sharma son of Pusa Ram Sharma, aged about
43 Years, presently posted at GSSS Palra, Ajmer Rural,
resident of H. No. 208/11, New Colony, Subhash Nagar,
Dist. Ajmer, Rajasthan.
12. Nirmal Kumar Choubisa son of Khem Shankar Choubisa,
aged about 33 Years, presently posted at GSSS Kejad,
resident of Kejad Dist. Udaipur.
----Respondents
D.B. Special Appeal Writ No. 881/2024
1. State of Rajasthan, through Secretary, Department of
Education, Government of Rajasthan, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The Joint Director, (Administration), Secondary Education,
Rajasthan, Bikaner.
----Appellants
Versus
Bhakhara Ram, Mando Ki Beri, Dhanau, Tehsil and District
Barmer at Present 1st Grade Teacher at Government Senior
Secondary School, Bhalisar, District Barmer.
----Respondent
D.B. Special Appeal Writ No. 887/2024
1. State of Rajasthan, through The Secretary, Department of
Education, Government of Rajasthan, Secretariat, Jaipur.
2. The Director, Secondary Education, Bikaner, Rajasthan.
3. The Joint Director, School Education, Jodhpur, Rajasthan.
4. The Joint Director, School Education, Pali, Rajasthan.
----Appellants
Versus
1. Satpal Singh son of Shri Chotu Singh, aged about 44
Years, resident of Krishna Kunj Raj Purhitokakuiwala Bas,
Kharlokachowk, Bilara, District Jodhpur, Rajasthan
2. Balkishan son of Shri Vena Ram, aged about 59 Years,
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resident of Behind Nagar Palika, Sojat City, District Pali,
Rajasthan.
3. Vinod Rajpurohit son of Shri Ganga Singh Rajpurohit,
aged about 47 Years, resident of Rajgurukrishi Farm
(Dhoodhiyabera), Harsh Road, Bilara, District Jodhpur,
Rajasthan.
4. Tulcha Ram son of Shri Puna Ram, aged about 54 Years,
Uchiyardabera, Bafrokakarchchiya, Bilara, District
Jodhpur, Rajastahn.
5. Ratan Lal son of Shri Sura Ram, aged about 49 Years,
resident of Sursagarkrishifarm Backside Government
Refralhospital, Bilara, Jodhpur, Rajasthan.
6. Sunil Dutt son of Shrivishnu Dutt, aged about 44 Years,
resident of Mahaveerchowk, Bilara, District Jodhpur,
Rajasthan.
7. Vijay Kumar, aged about 45 Years, resident of 46, Sidhi
Vinayak Colony, Nimal Road, Jaitaran, District Pali,
Rajasthan.
8. Anada Ram Seervi son of Shri Narayanram Charan, aged
about 42 Years, resident of Makan No. 423, Near Primary
School, Seerviyoka Bass, Bala, District Jodhpur,
Rajasthan.
----Respondents
D.B. Special Appeal Writ No. 930/2024
1. State of Rajasthan, through The Secretary, Department of
Education, Government of Rajasthan, Jaipur, Rajasthan.
2. The Director, Secondary Education, Rajasthan, Bikaner.
----Appellants
Versus
1. Ritu Bala W/o Lamxi Chand Bishnoi daughter of
Ramswaroop, aged about 44 Years, Ward No. 16, Nayi
Mandi, Gharsana, District Sriganganagar.
2. Om Prakash Sharma son of Sugna Ram Sharma, aged
about 42 Years, Chak 2 Phm (B), Khajuwala, District
Bikaner.
3. Prem Chand son of Nancharam Gainan, aged about 42
Years, Dhani Dhedawali, Jodhpura, Tehsil Udaipurwati,
District Jhunjhunu.
4. Vijay Kumar son of Ram Ratan, aged about 37 Years, E-
99 Kanta Khaturiya Colony, District Bikaner.
----Respondents
D.B. Special Appeal Writ No. 988/2024
1. State of Rajasthan, through Secretary, Department of
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Education, Government of Rajasthan, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The Joint Director (Administration), Secondary Education,
Rajasthan, Bikaner.
4. District Education Officer, Dist. Deedwana.
5. District Education Officer, Dist. Banswara.
6. District Education Officer, Dist. Alwar.
7. District Education Officer, Dist. Tonk.
8. District Education Officer, Dist. Churu.
----Appellants
Versus
1. Pradeep Kumar son of Shri Ramwshar Lal, aged about 35
Years, presently posted at GSSS Nagwara, Kuchaman
City, resident of GSSS Nagwara, Kuchaman City, District
Deedwana, Rajasthan.
2. Nitin Dwivedi son of Harish Chandra Dwivedi, aged about
45 Years, Present Posted at Gss Paloda, resident of Vpo
Khodan, Tehsil Ghari, District Banswara, Rajasthan.
3. Suresh Chandra Patidar son of Hukamraj Patidar, aged
about 40 Years, Present Posted at GSSS Sagrod Block
Talvara, resident of Vpo Bagidora, District Banswara,
Rajasthan - 327601
4. Sunil Dave son of Lalshanker Dave, aged about 48 Years,
presently posted at GSSS Patan, Banswara, resident of
Vpo Chhinch, Tehsil Bagidaura De Banswara, Rajasthan -
327603.
5. Sita Bunkar daughter of Shri Dungar Bunker, aged about
43 Years, presently posted at GSSS Garhi, Banswara,
resident of W/o Kanhaiyalal Bunkar, Jawahar Colony,
Garhi, Dist. Banswara, Rajasthan.
6. Om Prakash son of Puran Lal, aged about 42 Years,
presently posted at GSSS Bhajeda, Alwar, Rajasthan,
resident of Pvo Bahadurpur, Dist. Alwar.
7. Omprakash Balai son of Babu Lal Chopdar, aged about 43
Years, presently posted at GSSS Mohammadpura Uniyara
Tonk, resident of Village and Post Shop, Tehsil Uniyara,
District Tonk, Rajasthan - 304023
8. Pramod Kumar Saran son of Bhanwar Lal Saran, aged
about 43 Years, presently posted at GSSS Guleriya, Tehsil
Sujangarh, resident of Opposite Jat Hostel, J.b. Road,
Sujangarh, Dist. Churu.
----Respondents
D.B. Special Appeal Writ No. 992/2024
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[2024:RJ-JD:49370-DB] (13 of 37) [SAW-874/2024]
1. State of Rajasthan, through Secretary, Department of
Education, Government of Rajasthan, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The Joint Director (Administration), Secondary Education,
Rajasthan, Bikaner.
4. District Education Officer, Dist. Jalore.
5. District Education Officer, Dist. Churu.
6. District Education Officer, Dist. Pali.
7. District Education Officer, Dist. Neem Ka Thana.
8. District Education Officer, Dist. Udaipur.
----Appellants
Versus
1. Ajit Singh son of Shri Kishan Singh, aged about 40 Years,
presently posted at GSSS Kanwat (Sikar), resident of
Post- Garhtaknet, Via- Ajitgarh, District- Neem Ka Thana-
332701.
2. Bhanu Parkash Joshi son of Shri Shanti Lal Joshi, aged
about 50 Years, Presently Post at GSSS Piplod Block
Bagidora, District Banswara, resident of V/p Bagidora
District Banswara, Rajasthan.
3. Bhanvar Lal son of Shri Hansa Ram, aged about 42 Years,
Presently Post at GSSS Guda Balotan (Jalore), resident of
Choudhariyo Ka Vas, Ahore, Jalore, Rajasthan-307029.
4. Amipal son of Rameshwar Lal, aged about 40 Years,
Presently Post at Mggs Mundru resident of Dhani-
Salawali Vill. -Trilokpura Post- Sihodi Via- Thoi District-
Neemkathana-332719.
5. Amit Singh son of Shri Jaideo Singh, aged about 43 Years,
Presently Post at GSSS Kadiya (Ratangargh) Churu,
resident of Village - Godu Ka Bas, Tehsil- Mandawa
District- Jhunjhunu (Raj) 333704.
6. Anil Kumar son of Shri Ranjeet Singh, aged about 40
Years, Presently Post at Govt. Sr. Secondary. School
Seuwa, Rajgarh, Churu, resident of Vpo Lakhlan Bari
Tehsil Rajgarh District Churu (Raj) 331023.
7. Anita daughter of Surendra Singh, aged about 39 Years,
resident and Presently Post at Shaheen Dharmpal Singh
GSSS Baloda, Surajgarh Jjn.
8. Anita Choubisa daughter of Shri Yamuna Shanker
Choubisa, aged about 45 Years, Presently Post at Gss Svn
Zawermines, Udaipur, resident of 126, Hawa Magri,
Goverdhan Villas, Udaipur (Raj).
9. Ashok Kumar son of Shri Bhagirath, aged about 37 Years,
(Downloaded on 20/12/2024 at 10:00:33 PM)
[2024:RJ-JD:49370-DB] (14 of 37) [SAW-874/2024]
Presently Post at Gss Sandiya (214154) Pali, resident of
Chhota Pataliya Jaw, Sojat City, Pali, (Raj)- 306104.
10. Atar Singh Yadav son of Shri Bhana Ram, aged about 55
Years, Presently Post at Govt. Sr. Secondary. School
Rajosi, Ajmer, resident of Vpo Ghaseda, Tehsil Buhana,
District Jhunjhunu, Rajasthan.
----Respondents
For Appellant(s) : Mr. S.S. Ladrecha, AAG assisted by
Mr. Ravindra Jala
Mr. Deepak Suthar
For Respondent(s) : Dr. Sachin Acharya, Sr. Advocate with
Mr. Chayan Bothra
Mr. Manoj Bhandari, Sr. Advocate with
Mr. Aniket Tater
Mr. R.S. Saluja
Mr. Achraj Saluja
Mr. L.D. Khatri
Mr. Chirag Khatri
Mr. Manohar Singh Rajpurohit
Mr. Sarthak Asopa
Mr. Abhishek Mehta
Mr. Dilip Choudhary
Mr. Vivek Firoda
Mr. Jay Ram Saran
Ms. Nidhi Singhvi for
Mr. Devendra Singh Rathore
Mr. Vipin Shekhawat for
Mr. Tanwar Singh Rathore
HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MS. JUSTICE REKHA BORANA Order 03/12/2024 Per, Shree Chandrashekhar, J.
In view of the statements made in the applications vide I.A. No.01/2024 in each Special Appeal seeking condonation of delay, we feel that the appellants have made out a case for condoning the delay. We are also of the opinion that a substantial question of law arises in the present case. Accordingly, the applications under (Downloaded on 20/12/2024 at 10:00:33 PM) [2024:RJ-JD:49370-DB] (15 of 37) [SAW-874/2024] section 5 of the Limitation Act are allowed. The delays caused in filing the present appeals are condoned.
2. A batch of writ petitions was decided by the writ Court by the common order dated 24th August, 2023 on a premise that all the writ petitions were based on similar facts.
3. The grievance raised before the writ Court was that the promotion granted to the writ petitioners (hereinafter referred to as the respondents) vide order 30th August 2016 pursuant to the recommendation of the Departmental Promotion Committee (in short, DPC) convened on 15 th July 2016 under Rule 24 (2)(a) of the Rajasthan Educational Service Rules, 1970 was illegally reviewed by the Director, Secondary Education by an order 09th July 2018 and the respondents are now promoted in the batch of 2018-19 and not along with the promoted Senior Teachers of the batch of 2016-17.
4. Before the writ Court, the State of Rajasthan took a preliminary objection to the maintainability of the writ petition on the ground that the respondents had a statutory remedy of appeal before the Rajasthan Civil Services Appellate Tribunal constituted under the Rajasthan Civil Services (Service Matter Appellate Tribunals) Act, 1976. In S.B. Civil Writ Petition No.624/2024 titled "Ravi Kumar Jangid & Ors. v. State of Rajasthan & Ors.", an objection regarding filing of joint petition by ten persons was also raised with reference to the decisions in "Chandanman Nauratmal v. State of Rajasthan" (1967) RLW 144 and "Sheo Karan v. State of Rajasthan" (1977) RLW 364. This was also pointed out to the writ Court that the respondents did not produce the provisional seniority list of Teacher Grade-II, final seniority list of Teacher (Downloaded on 20/12/2024 at 10:00:33 PM) [2024:RJ-JD:49370-DB] (16 of 37) [SAW-874/2024] Grade-II and recommendation of the DPC. Reliance was also placed on the guidelines dated 04 th June 2008 issued by the Department of Personnel regarding review and revision list. In S.B. Civil Writ Petition No.10545/2022 titled "Kesulal Sarvi vs. State of Rajasthan & Ors.", the following objections were taken by the State of Rajasthan :-
"6. That vide Order dated 07.06.2022 respondents had issued combined Provisional Seniority List of Lecturers for the year 2016-17, and objection were invited regarding the said list. That further the objections were to be filed till 14.06.2022 before the concerned office of the Joint Director. That to the utter shock of the petitioner, his name was not mentioned in the above- mentioned list, whereas employees juniors to the petitioner, who were afforded appointment on the post of Lecturer despite this their names were reflected in the Seniority List of the Lecturers for the year 2016-17. That for instance the employee at Sr. No. 7133 namely Mool Chand Yadav was selected on the post of Lecturer in the year 2016-17 (date of joining- 03.08.2018), the employee at Sr. No. 7136 namely Smt. Neetu Kiniya was selected on the post of Lecturer in the year 2016-17 (date of joining- 30.07.2018) and the employee at Sr. No. 7248 namely Smt. Anamika Sharma was selected on the post of Lecturer in the year 2016-17 (date of joining 17.07.2017). Copy of the Order dated 07.06.2022 vide which the Provisional Seniority List was issued is annexed herewith and marked as Annexure-04 and copies of the Employee Personal Details of Mool Chand Yadav, Smt. Neetu Kiniya and Smt. Anamika Sharma are collectively annexed herewith and marked as Annexure-05.
7. That thereafter, petitioner had approached the respondent authority for information regarding Seniority and the respondents gave combined Seniority List of Lecturer. That it is shocking to see that in the said list name of the petitioner is reflected at Sr. No. 37002 and selection year on the post of Lecturer was mentioned as 2018-19 whereas petitioner is promoted on the post of Lecturer in pursuance of the Office Order dated 17.01.2017, and since then he is working with Zeal and dedication on the post of Lecturer and it is submitted that many of the employee who are junior to the petitioner are mentioned (Downloaded on 20/12/2024 at 10:00:33 PM) [2024:RJ-JD:49370-DB] (17 of 37) [SAW-874/2024] over and above the name of the petitioner. Copy of the combined Seniority List of Lecturer is annexed herewith marked as Annexure-06."
5. However, the decision of the Director, Secondary Education, Rajasthan, Bikaner dated 09th July 2018 was found not correct in changing the year of promotion of the respondents for the post of School Lecturer and the writ petitions were allowed holding as under:
"11. The undisputed facts of the present cases are that the petitioners, while working as Senior Teachers in the relevant subjects, were considered for promotion on the post of School Lecturer by the DPC convened by the respondents on 15.07.2016 for the year 2016-17 and the petitioners were found suitable, consequently, they were promoted on the post of School Lecturer (w.e.f. 30.08.2016- in case of Sukha Ram). In pursuance of the promotion orders, the petitioners joined on the respective posts. All the petitioners are performing the duties of School Lecturer from the date on which they assumed the charge of promoted posts.
12. The promotional exercise of the petitioners was conducted by the respondents as per Rule 24 of the Rules of 1970.
14. A bare perusal of Rule 24 of the Rules of 1970 clearly reveals that the promotion shall be made by the duly constituted Departmental Promotion Committee (DPC). In the present cases, the petitioners were promoted by a duly constituted DPC in consonance with Rules 24(2)(a) of the Rules of 1970. The fact that the petitioners were holding the requisite qualifications and eligibility is not disputed by the respondents by way of filing any counter or by making any submissions that the promotions of the petitioners on officiating basis though were done by the DPC, however, they were having different eligibility criteria than the persons whose cases are considered by the DPC for promotion on regular basis. Since, the petitioners were holding the requisite eligibility criteria, they were rightly promoted by the DPC held on15.07.2016. Merely because the DPC was under review and revision, it cannot be presumed that the candidature of the petitioners was considered dehors the Rules and the petitioners were not eligible to hold the post of School Lecturer. After their promotion, the petitioners performed their duties of School (Downloaded on 20/12/2024 at 10:00:33 PM) [2024:RJ-JD:49370-DB] (18 of 37) [SAW-874/2024] Lecturer and continued to perform the same till date. The only change made by the respondents by passing the order dated 09.07.2018 is the promotion year of the petitioners which has been changed from 2016-2017 to subsequent years.
15. The fact of change of promotion year of the petitioners has civil and evil consequences as by changing the same, the petitioners will rank junior in the seniority list and they will have bleak chances to be considered for promotion on the post of Vice Principal. Even otherwise, this Court is firmly of the view that if any order is passed by the respondents having civil and evil consequences, the compliance of the principle of natural justice is mandatorily required to be followed by the respondents. In the present case, since no pre decisional hearing has been extended to the petitioners before changing their year of promotion, the same has got evil consequences and, therefore, the order dated 09.07.2018 passed by the respondents is not sustainable.
16. The argument of the learned counsel for the respondents that apart from a list prepared by the DPC for the promotion of the candidates on substantive basis stands on a different footing, and since the petitioners' cases were considered by the DPC on review and revision basis by preparing a separate list, the respondents have the right to change their promotion year, is noted to be rejected on the ground that the date on which the petitioners were promoted, the respondents were having the vacancies for the post of School Lecturer and the promotions were granted to the petitioners on the post of School Lecturer as they were holding the requisite eligibility criteria. Therefore, the change of promotion year by passing an order impugned dated 09.07.2018 is arbitrary and unreasonable.
18. The action of the respondents in changing the promotion years of the petitioners from 2016-17 to subsequent years is quashed and set aside. The order dated 09.07.2018 (Annex.7) in CWP No. 15496/2022 is also quashed qua the petitioners. The petitioners' promotion year for the post of School Lecturer shall be considered as 2016-17 only and the petitioners will be entitled for all the consequential reliefs treating their promotion year as 2016-17."
6. In this batch of Special Appeals, the decision of the writ Court that the respondent-Senior Teachers had the requisite qualifications and they were promoted to the post of School (Downloaded on 20/12/2024 at 10:00:33 PM) [2024:RJ-JD:49370-DB] (19 of 37) [SAW-874/2024] Lecturer by virtue of the decision of the DPC under Rule 24(2) (a) of the Service Rules of 1970 has been challenged by the State of Rajasthan on the ground that the respondents were given the charge of School Lecturer by an order dated 30 th August 2016 passed under Rule 24 (3) of the Service Rules of 1970 and they are not among those Senior Teachers who were granted promotion to the post of School Lecturer under Rule 24 (2) (a) of the Service Rules of 1970.
7. Mr. Manoj Bhandari, the learned senior counsel appearing for the respondent in Special Appeal No.544 of 2024 would submit that the list prepared under sub-rule (3) is required to be reviewed and revised every year but the promotion granted to Senior Teachers vide order dated 30th August 2016 was never reviewed or revised. It is further submitted that the respondents continued to work as School Lecturer and were paid salary and remunerations attached to that post for about two years and, therefore, it must be construed that the promotion order dated 30th August 2016 was issued under clause (a) of sub-rule (2) and not under sub-rule (3).
8. Mr. R.S. Saluja, the learned counsel appearing for the respondents in D.B. Special Appeal (Writ) Nos. 874/2024 & 142/2024 referred to the decision in "The Direct Recruit Class-II Engineering Officers Association & Ors v. State of Maharashtra & Ors." (1990) 2 SCC 715 to submit that even if the initial appointment was not made according to the rules the period of officiating service has to be counted. The learned counsel for these respondents also referred to the decisions in "S.P Patwardhan & Anr. v. State of Maharashtra and Ors." (1977) 3 (Downloaded on 20/12/2024 at 10:00:33 PM) [2024:RJ-JD:49370-DB] (20 of 37) [SAW-874/2024] SCC 399 and "O.P Singla & Anr. v. Union of India & Ors." (1984) 4 SCC 450 to support the writ Court's decision to the effect that the respondents were entitled to claim promotion along with the Senior Teachers of the batch of 2016-17. We may, however, indicate that the decisions in "Direct recruits'', "O.P Singla" and "S.P Patwardhan", deal with seniority of the direct recruits vis-a- vis promotees and there is no controversy on that issue in the present case. Therefore, these judgments have no bearing on the issue before this Court.
9. To begin with, we find that the writ petitioners were appointed as Senior Teacher Grade-II on different dates and therefore we would indicate their date/year of promotion/ recruitment in Grade-II in a tabular form :-
SAW Writ Petition Petitioner(s) Appointed as Teacher Grade-II 544/2024 15470/2022 Vasudev 07.10.2011 150/2024 15496/2022 Sukha Ram 07.10.2011 460/2024 18142/2024 Prasannta Kumari 07.10.2011 737/2024 1012/2024 Shravan Kumar 2011 Jangid 338/2024 10410/2022 Mahesh Kumar 07.10.2011 Sankholia 607/2024 18144/2022 Surendra Prasad 07.10.2011 Sharma 930/2024 2487/2023 i. Ritu Bala 07.10.2011 ii. Om Prakash Sharma iii. Prem Chand iv. Vijay Kumar 409/2024 19050/2022 i. Shyam Lal 2011 Gayari ii. Lokesh Kumar iii. Anil Kumar iv. Yogendra Kumar Gohil v. Rakesh Kumar Bhariya 988/2024 809/2024 i. Pradeep Kumar 07.10.2011 ii. Nitin Dwivedi iii. Suresh Chandra Patidar iv. Sunil Dave v. Sita Bunkar vi. Om Prakash (Downloaded on 20/12/2024 at 10:00:33 PM) [2024:RJ-JD:49370-DB] (21 of 37) [SAW-874/2024] vii. Omprakash Balai viii.Pramod Kumar Saran 992/2024 812/2024 i. Ajit Singh 07.10.2011 ii. Bhanu Parkash Joshi iii. Bhanvar Lal iv. Amipal v. Amit Singh vi. Anil Kumar vii. Anita viii. Anita Choubisa ix. Ashok Kumar x. Atar Singh Yadav 874/2024 624/2024 i. Ravi Kumar 07.10.2011 ii. Shriram Jat iii. Nathu Ram Meena iv. Roshani Jakhar v. Kailash Chandra Lamba vi. Ramesh Kumar vii. Vijesh Kumar viii. Tejraj Singh ix. Hanuman Prasad Rathor x. Shital Pandya 868/2024 584/2024 i. Pappu Bajiya 07.10.2011 ii. Lokesh Chandra Chauhan iii. Suresh Chandra iv. Ramesh Kumar v. Rohitash vi. Raj Kumar vii. Sahab Ram viii. Sulochana Kumari ix. Sunita x. Sanjay Kumar xi. Suryadev Sharma xii. Nirmal Kumar Choubisa 149/2024 6547/2023 i. Hasamdeen 28.07.2009 ii. Kanti Ram 17.12.2014 iii. Anuradha 07.10.2011 Vishnoi 07.10.2011 iv. Kaushal 07.10.2011 Amrawat 07.10.2011 v. Surta Gurjar 25.09.2009 vi. Pawan Kumar 28.09.2011 vii. Manjoor Ahmad 07.10.2011 viii. Ambika Chahar 07.10.2011 ix. Asha Kanwar 07.10.2011 x. Manisha 07.10.2011 xi. Neelam Kumari xii .Deepika Sisodia SAW Writ Petition Petitioner(s) Promotion in Teacher Grade-II 725/2024 18013/2023 Raju Ram 2013 (Downloaded on 20/12/2024 at 10:00:33 PM) [2024:RJ-JD:49370-DB] (22 of 37) [SAW-874/2024] 726/2024 18016/2023 Prem Singh 2013 458/2024 18132/2022 Ram Niwas 2009 and regularized on 20.04.2016 724/2024 18045/2023 Praveen Kumar 26.09.2013 881/2024 17997/2023 Bhakra Ram 2015 732/2024 18014/2023 Khemaram 2013 736/2024 1044/2024 Bheenya Ram 2014 340/2024 10545/2022 Kesu Lal Salvi 27.07.2013 695/2024 6274/2023 Umraw Singh 13.09.2013 Rathore 142/2024 6275/2023 Manohar Singh 29.04.2013 Rathore 390/2023 18145/2022 Dilip Kumar Meena 20.04.2016 (regularized) 887/2024 14877/2023 i. Satpal Singh 13.09.2013 ii. Balkishan iii. Vinod Rajpurohit iv. Tulcha Ram v. Ratan Lal vi.Sunil Dutt vii. Vijay Kumar viii. Anada Ram Seervi
10. On a perusal of the writ pleadings in different writ petitions, this also becomes clear that the writ petitioners who are the respondents in the present proceeding have pleaded substantially different facts and, therefore, we would extract some of the writ pleadings in a few writ petitions and the grounds of opposition by the State of Rajasthan. The relevant portions of the writ pleadings in S.B. Civil Writ Petition No.15470 of 2022 are reproduced hereinunder :-
"3. That it is submitted that subsequently the petitioner is eligible for promotion on the post of School Lecturer as per the provisions of the Rajasthan Educational Service Rules, 1970 (hereinafter for short "Rules of 1970"). As per these rules the Second Grade teacher who is having master degree in relevant subject with degree of Diploma in Education from University established by law in India or from a recognized institution with 5 years experience of teaching are eligible for promotion. It is further submitted that as per the Rule 24(2)(a) of Rules of 1970 the review DPC for promotion against the vacancies of year 2016-17 (Downloaded on 20/12/2024 at 10:00:33 PM) [2024:RJ-JD:49370-DB] (23 of 37) [SAW-874/2024] was convened for Promotion from the post of Senior Teacher to School Lecturer in subject of Hindi and prepared the a separate review and revision list of promotion and in this DPC vide order dated 30.08.2016 the petitioner was promoted on the post of School Lecturer in subject of Hindi in the pay scale of 9300-34800 with grade pay 4800 against the vacancies of year 2016-17. A copy of the relevant part of order dated 30.08.2016 is submitted herewith and marked as Annexure-2. Hereby it is also stated that as per this order the promoted teacher is mandatorily to join on the promotional post on or before 10.09.2016.
4. That it is submitted that in pursuance of the promotion order dated 30.08.2016 petitioner join his duties at his posting place on 01.09.2016, which is evident from the letter dated 01.09.2016 which forwarded by the Principal of Government Adarsh Senior Secondary School, Khardiya, Makrana, Nagaur to the Director, Secondary Education, Bikaner. A copy of the order dated 01.09.2016 is submitted herewith and marked as Annexure-3.
5. That it is also submitted that while working on the post of School Lecturer the petitioner was also given the charge of Principal and also power of Drawing and Disbursing Officer (DDO), which is evident from the order dated 03.03.2020, copy of which is submitted herewith and marked as Annexure-4.
6. That it is submitted that petitioner is continuously working on the post of School Lecturer in subject of Hindi from 01.09.2016 to till date which is evident from the employee personal detail Performa, copy of which is submitted herewith and marked as Annexure-5.
7. That it is submitted that before conducting the review DPC for promotion on the post of School Lecturer in subject of Hindi against the vacancies of year 2016-17, the Rajasthan Public Service Commission also invited the applications for recruitment on the post of School Lecturer in various subject including the subject of Hindi through Direct Recruitment in year 2015. It is further submitted that at that time petitioner was not promoted on the post of School Lecturer, therefore, he also applied for appointment on the post of School Lecturer through Direct Recruitment in pursuance of the vacancies advertised by the RPSC. It is further submitted that the result of the School Lecturer through Direct Recruitment was revised in year 2017 and after revising result the RPSC issued the result of selected candidates on 02.06.2017. A copy of the list of selected candidates dated 02.06.2017 is submitted herewith and marked (Downloaded on 20/12/2024 at 10:00:33 PM) [2024:RJ-JD:49370-DB] (24 of 37) [SAW-874/2024] as Annexure-6. Hereby it is stated that petitioner is also declared as successful candidate with merit No. 1511 which is evident from the revised mark sheet issued by the RPSC along with the result dated 02.06.2017. A copy of the mark sheet of the petitioner is submitted herewith and marked as Annexure- 7. It is pertinent to mention here that petitioner could not join in pursuance of the selection through Direct Recruitment on the post of School Lecturer in subject of Hindi because petitioner has already been promoted through promotional channel on the basis of seniority-
cum-merit against the vacancies of year 2016-17.
8. That it is submitted that vide order dated 30.08.2016 (Annex.2) petitioner was promoted on the post of School Lecturer through review DPC against the vacancies of year 2016-17 and as per the rule 24 and 25 of the Rules of 1970 the respondents are required to consider the seniority of the petitioner for the post of School Lecturer from year 2016-17 but the respondents regularize the selection of the petitioner on the post of School Lecturer against the vacancies of year 2020-2021 instead of vacancies of year 2016-17 vide order dated 02.02.2021. A copy of the relevant part of order dated 02.02.2021 is submitted herewith and marked as Annexure-8.
9. That it is submitted that when the respondents not given seniority and regular promotion to the petitioner on the post of School Lecturer from year 2016-17 then petitioner and various other School Lecturers/submitted their representations before the respondent No. 2 and make the request for granting them seniority and regular promotion from year 2016-17, A copy of the one of the representation is submitted herewith and marked as Annexure-9.
10. That in pursuance of the representation submitted by the Union of the School Lecturers, the respondent No. 2 vide letter dated 21.07.2022 inform that during regular DPC the separate list is also prepared in same number against the anticipated vacancies of subsequent years and against these vacancies the posting was given from separate list and certain candidates are not eligible for selection as per seniority for regular promotion against the vacancies of subsequent years, therefore, their representation is not acceptable. A copy of the letter dated 21.07.2022 is submitted herewith and marked as Annexure-10. "
11. In the reply, the respondent-State of Rajasthan took the following stand :-(Downloaded on 20/12/2024 at 10:00:33 PM)
[2024:RJ-JD:49370-DB] (25 of 37) [SAW-874/2024] "B. That the instant writ petition filed by the petitioner at this stage is bereft of merits and deserves dismissal by this Hon'ble Court. The petitioner has measurably failed to establish a case of violation of any of his constitutional or fundamental right, or for that matter, violation of statutory provisions. In this regard, it is relevant to submit that as per provisions contained in the Rajasthan Educational Service Rules, 1970 promotion from the post of Teacher Grade-II to the post of School Lecturer were made category-wise on the basis of available vacancies in the selection year as per State level seniority. Present petitioner is holding Seniority No.9160/2011-12 on the post of Senior Teacher at State level seniority list with M.A. (Hindi). Insofar as instant case is concerned, kind attention of this Hon'ble Court is invited to the fact that the petitioner was selected for the post of School Lecturer against the vacancies of the year 2016-17 on the basis of separate list of Review and Revision under sub-rule-11B of Rule- 25 and not by way of regular Departmental Promotion Committee. The Review and Revision list remains in force till the date of DPC for the next selection year or the last date of selection year, whichever is earlier. In this regard, Rule-25 of the Rajasthan Educational Service Rules contains provision for determination of seniority which provides that seniority of persons appointed to the post encadred in the service shall be determined from the date of appointment on the post after regular selection in accordance with provisions of these rules and appointment on ad hoc or temporary basis shall not be deemed to be appointed after regular selection. As per his seniority, petitioner became entitled to be promoted to the post of School Lecturer by way of regular DPC against the vacancies of the year 2020-21. The seniority of the petitioner, for the purpose of further promotion, is to be counted from the date of regular selection on the post of School Lecturer against the vacancies of the year 2020-21. In this way, in light of statutory provisions as well as admitted facts of the instant case, writ petition filed by the petitioners is bereft of merits and deserves dismissal by this Hon'ble Court."
12. The relevant portions of the writ pleadings in S.B. Civil Writ Petition No.15496 of 2022 are reproduced hereinunder :-
"2. That it is submitted that vide order dated 07.10.2011 petitioner was initially appointed on the post of Senior Teacher in (Downloaded on 20/12/2024 at 10:00:33 PM) [2024:RJ-JD:49370-DB] (26 of 37) [SAW-874/2024] subject of English as per the provisions of the Rajasthan Education Subordinate Service Rules, 1971 in the pay scale of 9300- 34800 with grade pay 3600 through Direct Recruitment. A copy of relevant part of appointment order dated 07.10.2011 is submitted herewith and marked as Annexure-1. In pursuance of this order petitioner join his duties on 04.11.2011.
3. That it is submitted that subsequently the petitioner is eligible for promotion on the post of School Lecturer as per the provisions of the Rajasthan Educational Service Rules, 1970 (hereinafter for short "Rules of 1970"). As per these rules the Second Grade teacher who is having master degree in relevant subject with degree of Diploma in Education from University established by law in India or from a recognized institution with 5 years experience of teaching are eligible for promotion. It is further submitted that as per the Rule 24(2)(a) of Rules of 1970 the review DPC for promotion against the vacancies of year 2016-17 was convened for Promotion from the post of Senior Teacher to School Lecturer in subject of Political Science and prepared a separate review and revision list of promotion and in this DPC vide order dated 30.08.2016 the petitioner was promoted on the post of School Lecturer in subject of Political Science in the pay scale of 9300-34800 with grade pay 4800 against the vacancies of year 2016-17. A copy of the relevant part of order dated 30.08.2016 is submitted herewith and marked as Annexure-2. Hereby it is also stated that as per this order the promoted teacher is mandatorily to join on the promotional post on or before 10.09.2016.
4. That it is submitted that in pursuance of the promotion order dated 30.08.2016 petitioner join his duties at his posting place on 02.09.2016, which is evident from the joining order dated 05.09.2016 which forwarded by the Principal of Government Adarsh Senior Secondary School, Moriya, Lohawat, Jodhpur to the Director, Secondary Education, Bikaner. A copy of the joining order dated 05.09.2016 is submitted herewith and marked as Annexure-3.
5. That it is also submitted that while working on the post of School Lecturer the petitioner was also given the charge of Principal and also power of Drawing and Disbursing Officer (DDO), which is evident from the order dated 22.03.2020, copy of which is submitted herewith and marked as Annexure-4.
6. That it is submitted that petitioner is continuously working on the post of School Lecturer in subject of Political Science from (Downloaded on 20/12/2024 at 10:00:33 PM) [2024:RJ-JD:49370-DB] (27 of 37) [SAW-874/2024] 01.09.2016 to till date which is evident from the employee personal detail Performa, copy of which is submitted herewith and marked as Annexure-5.
7. That it is submitted that before conducting the review DPC for promotion on the post of School Lecturer in subject of Political Science against the vacancies of year 2016-17, the Rajasthan Public Service Commission also invited the applications for recruitment on the post of School Lecturer in various subject including the subject of Political Science through Direct Recruitment in year 2015. It is further submitted that at that time petitioner was not promoted on the post of School Lecturer, therefore, he also applied for appointment on the post of School Lecturer through Direct Recruitment in pursuance of the vacancies advertised by the RPSC. It is further submitted that when the result of the School Lecturer through Direct Recruitment was declared then name of the petitioner was also included as successful candidate and his name recommended for appointment and in pursuance of this the respondent No. 2 vide order dated 13.06.2017 issued the appointment order in favor of the petitioner. A copy of the relevant part of order dated 13.06.2017 is submitted herewith and marked as Annexure-6. It is pertinent to mention here that petitioner could not join in pursuance of the selection through Direct Recruitment on the post of School Lecturer, in subject of Political Science because petitioner has already been promoted through promotional channel on the basis of seniority-cum-merit against the vacancies of year 2016-17 prior to issuance of this appointment order.
8. That it is submitted that vide order dated 30.08.2016 (Annex.2) petitioner was promoted on the post of School Lecturer through review DPC against the vacancies of year 2016-17 and as per the rule 24 and 25 of the Rules of 1970 the respondents are required to consider the seniority of the petitioner for the post of School Lecturer from year 2016-17 but the respondents regularize the selection of the petitioner on the post of School Lecturer against the vacancies of year 2018-2019 instead of vacancies of year 2016-17 vide order dated 09.07.2018. A copy of the relevant part of order dated 09.07.2018 is submitted herewith and marked as Annexure-7.
9. That it is submitted that when the respondents not given seniority and regular promotion to the petitioner on the post of School Lecturer from year 2016-17 then petitioner and various other School Lecturers submitted their representations before the (Downloaded on 20/12/2024 at 10:00:33 PM) [2024:RJ-JD:49370-DB] (28 of 37) [SAW-874/2024] respondent No. 2 and make the request for granting them seniority and regular promotion from year 2016-17. A copy of the one of the representation is submitted herewith and marked as Annexure-8.
10. That in pursuance of the representation submitted by the Union of the School Lecturers, the respondent No. 2 vide letter dated 21.07.2022 inform that during regular DPC the separate list is also prepared in same number against the anticipated vacancies of subsequent years and against these vacancies the posting was given from separate list and certain candidates are not eligible for selection as per seniority for regular promotion against the vacancies of subsequent years, therefore, their representation is not acceptable. A copy of the letter dated 21.07.2022 is submitted herewith and marked as Annexure-9."
13. In the reply, the respondent-State of Rajasthan took the following stand :-
"B. That the instant writ petition filed by the petitioner at this stage is bereft of merits and deserves dismissal by this Hon'ble Court. The petitioner has measurably failed to establish a case of violation of any of his constitutional or fundamental right, or for that matter, violation of statutory provisions. In this regard, it is relevant to submit that as per provisions contained in the Rajasthan Education Service Rules, 1970 promotion from the post of Teacher Grade-II to the post of School Lecturer were made category-wise on the basis of available vacancies in the selection year as per State level seniority. Present petitioner is holding Seniority No.7797/2011-12 on the post of Senior Teacher at State level seniority list with M.A. (Pol. Science & English). Insofar as instant case is concerned, kind attention of this Hon'ble Court is invited to the fact that the petitioner was selected for the post of School Lecturer against the vacancies of the year 2016-17 on the basis of separate list of Review and Revision and not by way of regular Departmental Promotion Committee. The Review and Revision list remains in force till the date of DPC for the next selection year or the last date of selection year, whichever is earlier. In this regard, Rule-25 of the Rajasthan Education Service Rules contains provision for determination of seniority which provides that seniority of persons appointed to the post encadred in the service shall be determined from the date of appointment on the post after regular selection in accordance with provisions (Downloaded on 20/12/2024 at 10:00:33 PM) [2024:RJ-JD:49370-DB] (29 of 37) [SAW-874/2024] of these rules and appointment on ad hoc or temporary basis shall not be deemed to be appointed after regular selection. As per his seniority, petitioner was entitled to be promoted to the post of School Lecturer by way of regular DPC against the vacancies of the year 2018-19. The seniority of the petitioner, for the purpose of further promotion, is to be counted from the date of regular selection on the post of School Lecturer against the vacancies of the year 2018-19. In this way, in light of statutory provisions as well as admitted facts of the instant case, writ petition filed by the petitioners is bereft of merits and deserves dismissal by this Hon'ble Court."
14. The relevant portions of the writ pleadings in S.B. Civil Writ Petition No.624 of 2024 are reproduced hereinunder :-
"D. That from bare perusal of the order dated 30.08.2016 (Annex.2) it shows that the promoted person is mandatorily to join his duty on promotional post or in case a person on his appointment by promotion to the next higher post either on the basis of urgent temporary appointment or on regular basis on the recommendations of the departmental promotion committee, forgoes such an appointment through his written request and if the concern department/officer accepts his/her request, the person concern shall be debarred for consideration for promotion both on the basis of urgent temporary appointment or on regular basis for subsequent two requirement years for which the departmental promotion committee is held and the name of such person who foregoes promotion shall not be included in the seniority- cum-eligibility list to be placed before the DPC for subsequent two requirement years. In view of this it is clear that if petitioner not accept his promotion then he will debarred for two subsequent DPC. It is further submitted that in case of petitioner nowhere it is mention that his promotion is on urgent temporary basis and from bare perusal of promotion order it shows that it is regular promotion. It is also submitted that while working on the post of School Lecturer petitioner has also extended the powers of Principal as well as DDO while treating his as gazetted officer, in such circumstances it cannot said that the petitioner not promoted regularly from year 2016-17. In view of this it is clear that the respondents illegally not placed the name of the petitioner in the seniority list of year 2016-17. E. That the action of the respondent authorities also against the provisions of law for the reason that the Post Graduation degree (Downloaded on 20/12/2024 at 10:00:33 PM) [2024:RJ-JD:49370-DB] (30 of 37) [SAW-874/2024] submitted by the persons after induction in service is not in consonance with the spirit of the rules of 1970 because as per the channel of promotion from the post of Senior Teacher, under the rules of 1970 envisage to different channel of promotion first to the post of School Lecturer and second to the post of Headmaster. It is further submitted that a person appointed on the post of Senior Teacher will be considered for the post of School Lecturer only in event of possessing post graduate degree and in case if the candidate does not possess the said degree then he will be consider for the post of Headmaster. It is further submitted that various senior teachers who have been interested for promotion on the post of Headmaster, therefore, they not added their post graduation degree in service record intentionally at the time of joining but subsequently looking to take the benefit for promotion on the post of school lecturer they submitted their degrees for addition in service record, it shows their malafide intension, therefore, their degree would be considered only from the year in which they submit and their seniority also consider from the year of submission of degree but while preparing seniority list respondents not consider such aspects and they provided the seniority to such persons from the date of their post graduation which is clearly illegal and not sustainable in eye of law. Rajasthan High Court Rules. In that case, the petitioners prayed that the order of the Minister may be quashed on the ground that the orders of the Ministers were made malafide without any jurisdiction and without hearing the petitioners. This Hon'ble Court has been pleased to held that the rights of all the petitioners were different and that they were affected in different way, even though the order was common. As such, joint writ petition is not maintainable in view of settled propositions laid down by this Hon'ble Court."
15. In the reply, the respondent-State of Rajasthan took the following stand :-
"D. That the writ petition preferred by the petitioners deserves dismissal on yet another ground of delay and latches. It is evident that the petitioners were promoted on the basis of separate review and revision list in the year 20117 and then regular promotion of them were made in the year 2018-19. Not only that, but petitioners are challenging the seniority list issued 1-1/2 years ago without justifying the inordinate delay. Since the (Downloaded on 20/12/2024 at 10:00:33 PM) [2024:RJ-JD:49370-DB] (31 of 37) [SAW-874/2024] years together, petitioners have been getting service benefits, including salary, allowances, annual increment, D.A. etc. without any protest or grievance for actual benefits from the date of substantive promotion. However, petitioners have filed the instant writ petition at a belated stage of passing of years together. In the memo of the writ petition, no ground for condonation of delay has been taken. It is settled position of law laid down by this Hon'ble Court in a catena of decisions that the Courts in exercise of its discretion do not ordinarily assist the tardy and the indolent or the acquiescent and the lethargic. It is held that this Hon'ble Court may decline to intervene and grant relief in exercise of its writ jurisdiction because it is likely to cause confusion and public inconvenience and bring, in its train new injustices, if writ jurisdiction is exercised after unreasonable delay, it may have the effect of inflicting not only hardship and inconvenience but also injustice on third parties. Representations would not be adequate explanation to take care of delay. The doctrine of laches in Courts of Equity is not an arbitrary or technical doctrine. Where it would be practically unjust to give a remedy either because the party has, by his conduct done that which might fairly be regarded as equivalent to a waiver of it, or where by his conduct and neglect he has though perhaps not waiving that remedy, yet put the other party in a situation in which it would not be reasonable to place him if the remedy were afterwards to be asserted, in either of these cases, lapse of time and delay are most material. Two circumstances always important in such cases are, the length of the delay and the nature of the acts done during the interval which might affect either party and cause a balance of justice or injustice in taking the one course or the other, so far as relates to the remedy. That being the position, in the given facts and circumstances of the case, present writ petition deserves dismissal on the ground of delay and latches as well."
16. When such was the pleadings of the parties, the writ Court fell into error in assuming that all the writ petitions were founded on similar facts. That apart, in the context of the present controversy, the appellant-State of Rajasthan has brought on (Downloaded on 20/12/2024 at 10:00:33 PM) [2024:RJ-JD:49370-DB] (32 of 37) [SAW-874/2024] record the following three separate orders passed on 15 th July 2016 which clearly put the controversy at rest :-
1st Order English Translation "Office of the Director of Secondary Education, Rajasthan, Bikaner Office Order "The personnel mentioned in the attached list included in the selection list of selected candidates issued by the Departmental Promotion Committee constituted under the provision of Rule 24 (2) (a) of Rajasthan Education Service Rules,1970, for the post of Lecturer (School Education) for the respective subject through order number- Shivira-Sec. / Institution / C-OA / 6004 / Selection / 2016-17 dated- 15.07.2016 are promoted to the post of Lecturer (School Education) in Pay Band 2 (9300-34800) Grade Pay 4800 of the respective subject and posted at the place mentioned against their names. The said postings will be subject to the final decision of the petitions filed in various courts. Under the provisions of the State Government's Notification No.7 (1) Personnel / A-2 / 95 Dated 20.06.2001 (33/01), State employees having more than two children born on or after 01.06.2002 shall not be eligible for appointment on promotion as per rules, to be ensured by the Controlling Officer / Principal concerned. The Head / Controller of the Institution will be required to match the name, seniority number / year, current post held, date of birth and qualification held by the promoted personnel before relieving / taking over the charge or else immediately inform the Directorate by registered post and departmental e-mail [email protected].
If the promoted personnel wants to renounce his promotion, then he will submit a written application to the head of the institution on 29.07.2016 and it will be the responsibility of the head of the institution to release the promoted personnel on 29.07.2016 (even if the renunciation application is not submitted) for the newly promoted post. The promoted personnel will have to take charge at the place of promotion posting on 30.07.2016. The head of the institution should update the entry of the concerned personnel's relieving/joining the duties on the Shala Darpan."
(Downloaded on 20/12/2024 at 10:00:33 PM) [2024:RJ-JD:49370-DB] (33 of 37) [SAW-874/2024] 2nd Order Office of the Director of Secondary Education, Rajasthan, Bikaner Office Order "On the basis of the recommendation made in the meeting held for the post of Lecturer (School Education) for various subjects by the Departmental Promotion Committee constituted under the provision of Rule 24 (2) (a) of Rajasthan Education Service Rules,1970, selection orders are issued regarding the selection of the personnel mentioned in the attached list in the selection year and subject mentioned against their names."
3rd Order Office of the Director of Secondary Education, Rajasthan, Bikaner Office Order "In the meeting held for various subjects of Lecturer (School Education) by the Departmental Promotion Committee constituted under the provisions of Rule 24 (2) (A) of Rajasthan Education Service Rules-1970, on the basis of review and revision as mentioned in the attached Appendix A under Sub Rule 11B of Rule 25 of Rajasthan Education Service Rules 1970, the reserve list prepared for temporary promotion for the period up to the last date of the next selection year or till the next Departmental Promotion Committee meeting is held, whichever is earlier, is issued."
17. The Office Order dated 15 th July 2016 (1st order) refers to the list of Senior Teachers found suitable and who were recommended for promotion by the DPC convened under Rule 24(2) (a) of the Service Rule, 1970. This is an admitted position that the respondents were not included in the said list of the promoted Senior Teachers. The Office Order dated 15th July 2016 (2nd order) also refers to promotion for the post of Headmaster (School Education) and not the respondents. It was 3 rd Office Order issued on 15th July 2016 which concerns the respondents. This Office Order clearly mentions selection of the School Lecturer under Rule (Downloaded on 20/12/2024 at 10:00:33 PM) [2024:RJ-JD:49370-DB] (34 of 37) [SAW-874/2024] 25 (11) (b) under review and revision and that was to continue till the last date of next selection year or next DPC. This 3 rd Office Order dated 15th July 2016 makes it further clear that a list of Senior Teachers was issued for temporary promotion and by virtue of that order the respondents were given charge of the School Lecturer.
18. In the aforesaid factual background, it is very clear that the order dated 15th July 2016 concerning the respondents is an order issued under sub-rule (3) of Rule 24. For the sake of fullness we would examine the provisions under Rule 24 of the Service Rules of 1970 which read as under:
"24. Procedure for selection on the basis of seniority-cum- merit- (1) As soon as it is decided that a certain number of posts shall be filled by promotion, the Director shall prepare a correct and complete list containing names not exceeding five times the number of vacancies, out of the senior most persons as mentioned in column 5 of the Schedule, who are qualified under the rules for promotion to be posts concerned. He shall forward this list along with their confidential rolls and personal files to the Secretary to the Government in the Education Department:
Provided that for promotion to the posts in Group 'F' two separate lists shall be prepared one relating to teachers in Grade-II and the other relating to the teachers in Grade-I. (2) (a) For the posts, appointments whereto and to be made by Government, a Committee consisting of the Chairman of the Commission or his nominee being a member thereof nominated by him, the Secretary to Government in Education Department or the Special Secretary concerned nominated by him [and the (Secretary/Special Secretary to the Government in the Department of Personnel) or his representative not below the rank of Deputy Secretary as member and the Director as Member Secretary, and for the posts, appointments whereto are to be made by the Director, a Committee consisting of a Member of the Commission nominated by the Chairman of the Commission, Deputy Secretary to Government in the Education Department and Deputy Secretary to Government in the [Department of (Downloaded on 20/12/2024 at 10:00:33 PM) [2024:RJ-JD:49370-DB] (35 of 37) [SAW-874/2024] Personnel] as members and the Director as Member Secretary shall consider the cases of all persons included in the list interviewing such of them as it may deem necessary and shall prepare a list containing names of suitable candidates up to twice the number of such posts as are indicated in sub-rule (1):
[Provided that in case any Member or Member Secretary, as the case may be, constituting the Committee, has not been appointed to the post concerned, the officer holding charge of the post for the time being shall be the member or Member- Secretary, as the case may be, of the Committee.]
(b) The chairman or the member of the Commission shall preside at all meeting of the committee at which he is present. (3) The Committee shall prepare a separate list containing names of persons who may be considered suitable to fill temporary or permanent vacancies already existing or are likely to occur till the next meeting of the Committee on a temporary or officiating basis and the list so prepared shall be reviewed and revised every year and shall remain in force until it is so reviewed or revised. (4) The Committee may co-opt an expert from outside to assist the Committee for selection of candidates for such posts as are to be filled by promotion.
(5) The names of the candidates selected as suitable shall be arranged in the order of seniority.
(6) The list prepared by the Committee shall be send to the appointing authority together with the confidential rolls and personal files of the candidates included in them as also of those superseded, if any.
[(7) Where consultation with the Commission is necessary the lists prepared in accordance sub-rules (2) and (3) shall be forward to the Commission by the appointing authority along with
(a) confidential rolls and personal files of all persons who are proposed to be superseded by the recommendations made by the Committee.
(8) The Commission shall consider the lists prepared by the Committee along with the other documents received from the appointing authority and unless it consider any change to be necessary to be made shall approve the lists but if the Commission considers such changes as aforesaid to the necessary it shall inform the appointing authority of the not changes proposed by it and after taking into account the comments, if any, of the commission the appointing authority (Downloaded on 20/12/2024 at 10:00:33 PM) [2024:RJ-JD:49370-DB] (36 of 37) [SAW-874/2024] may approve the list finally with such modification, as may in its opinion, be just and proper.]"
19. Quite clearly, Rule 24 of the Service Rules of 1970 deals with the procedure for selection on the basis of seniority-cum-merit. It provides that a list containing the names not exceeding five times the number of vacancies out of "senior-most persons" as mentioned in column 5 of the Schedule who are qualified under the rules for promotion shall be prepared and the relevant records including the confidential rolls and personal files shall be sent to the Secretary to the Government in the Education Department. Proviso to sub-rule (1) prescribes preparation of two separate lists, one relating to the teachers in Grade-II and the other for the teachers in Grade-I. Under sub-rule (2), the Committee consisting of the persons as provided thereunder shall consider the cases of all persons included in the list and the recommendation shall be made containing the names of suitable candidates upto twice the number of vacant posts. Under sub-rule (3), the Committee shall prepare a separate list containing names of the persons who may be considered suitable to fill temporary or permanent vacancies already existing or are likely to occur till the next meeting of the Committee on a temporary or officiating basis. The respondents who had not even completed 5 years of service as Senior Teacher were included in the list prepared for the purpose of temporary or officiating promotion. To that extent, the finding recorded by the writ Court that the respondents were eligible for promotion and found suitable by the DPC along with other Senior Teachers of the batch 2016-17 is clearly contrary to the records. The respondents had not completed the minimum length of service, that is 5 years (Downloaded on 20/12/2024 at 10:00:33 PM) [2024:RJ-JD:49370-DB] (37 of 37) [SAW-874/2024] of service, as Senior Teacher as on the date when the DPC was convened for promotion to the post of School Lecturer under Rule 24 (2) (a); or, as the records reveal, two of them were not suitable at that time. They were therefore granted promotion vide order dated 09th July 2018 in the batch of 2018-19 after having attained the eligibility and on completing the minimum length of service. In these facts, we are of the considered opinion that the Office Order dated 15th July 2016 was issued under sub-rule (3) to Rule 24 of the Rajasthan Service Rules and by virtue of that order the writ petitioners cannot claim any vested right for promotion in the batch of 2016-2017.
21. In the light of the discussions made and the findings recorded hereinabove, these Special Appeals are allowed and the judgment of the writ Court is set aside.
(REKHA BORANA),J (SHREE CHANDRASHEKHAR),J 172-196-AbhishekK/-
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