Rajasthan High Court - Jaipur
Rakesh Sharma S/O Shri B. L. Sharma vs Union Of India Through The Secretary on 31 October, 2018
Bench: Mohammad Rafiq, Goverdhan Bardhar
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No.24484/2018
With
D.B. Civil Misc. Stay Application No.20339/2018
1. Rakesh Sharma S/o Shri B. L. Sharma, Aged About 45
Years, R/o A-6, Jda Flats, Lalkothi, Jaipur (Raj.) Presently
Posted As Additional Director, Medical And Health
Department, Jaipur
2. Gaurav Bajad S/o Lt. Shri Heeralal Bajad, Aged About 48
Years, R/o E-6, Gandhi Nagar, Jaipur (Raj.) Presently
Posted As Additional Director, Hcm Ripa, Jaipur
3. Sunil Bhati S/o Shri D. L. Bhati, Aged About 47 Years, R/o
53A, Shri Ram Nagar, Golyawas, Jaipur (Raj.) Presently
Posted As O.s.d., U.i.d. Project, Doit And C, Jaipur
4. Girish Parashar S/o Shri Moolchandra Parashar, Aged
About 55 Years, R/o F 22E, Sumer Nagar Ext. Mansarovar,
Jaipur (Raj.) Presently Posted As Advisor (Pers.), Riico,
Jaipur
5. Ashu Chaudhary D/o Shri Dharampal Chaudhary W/o Shri
Ajit Faujdar, Aged About 43 Years, R/o E-40, Sector 13,
Malviya Nagar, Jaipur (Raj.) Presently Posted As Deputy
Commissioner, Food, Civil Supplies And Consumer Forum
And Ex-Officio Deputy Secretary To Government, Jaipur
6. Kailash Chandra Yadav S/o Shri Lalu Ram Yadav, Aged
About 47 Years, R/o 129, Sahyog Apartment, Tower-Iii,
Vidyadhar Nagar, Sector-6, Jaipur (Raj.) Presently Posted
As Joint Secretary To Government, Higher Education
Department, Rajasthan, Jaipur
7. Ramniwas Mehta S/o Lt. Shri Bhairun Ram Mehta, Aged
About 52 Years, R/o Vill. Nandri, Post Renwal, District
Jaipur (Raj.) Presently Posted As Joint Secretary To
Government, Home (Police) Deptt., Jaipur
8. Rajendra Singh Shekhawat S/o Shri Anoop Singh
Shekhawat, Aged About 53 Years, R/o 10, Hanuman
Nagar Ext., Khatipura, Jaipur (Raj.) Presently Posted As
Joint Secretary To Government, Urban Development And
Housing Department, Rajasthan, Jaipur
9. Mukesh Kumar Sharma S/o Shri Rajendra Kr. Sharma,
(2 of 5) [CW-24484/2018]
Aged About 48 Years, R/o B-29, Aashish Vihar,
Ramnagariya Road, Jagatpura, Jaipur (Raj.) Presently
Posted As Joint Secretary, Chief Secretary Office,
Rajasthan, Jaipur
10. Sukhveer Saini S/o Shri Govind Ram Saini, Aged About
47 Years, R/o 806, Unique Sanghi Apartment, Mahaveer
Nagar, Jaipur (Raj.) Presently Posted As Joint Secretary To
Government, Cooperative Department, Rajasthan, Jaipur
11. Mahendra Kumar Khinchi S/o Shri Roopnarain Khinchi,
Aged About 45 Years, R/o B-23, Devi Chiranjive Nagar,
Near Mahesh Nagar, Jaipur (Raj.) Presently Posted As
Joint Secretary To Government, D.o.p. (A-Iii), Rajasthan,
Jaipur
12. Shaheen Ali Khan S/o Shri Liaquat Ali Khan, Aged About
46 Years, R/o 61, Kidwai Nagar, Imli Wala Phatak, Jaipur
(Raj.) Presently Posted As Additional Commissioner (I),
E.g.s., Jaipur
13. Ajay Aswal S/o Shri J. P. Aswal, Aged About 45 Years, R/o
J181M, Sangram Colony, C-Scheme, Jaipur (Raj.)
Presently Posted As Joint Secretary To Government,
Medical And Health Department (Group-3) Rajasthan,
Jaipur
14. Sunil Sharma S/o Shri Damodar Prashad Sharma, Aged
About 53 Years, R/o E-19, Gandhi Nagar, Jaipur (Raj.)
Presently Posted As Joint Secretary To Government,
D.o.p. (A-2/rules), Rajasthan, Jaipur
15. Manish Goyal S/o Lt. Shri Suresh Chandra Goyal, Aged
About 50 Years, R/o E-14, Gokhle Marg, C-Scheme, Jaipur
(Raj.) Presently Posted As Special Asstt. To State Minister,
Gopalan Department, Rajasthan, Jaipur (Shri Otaram
Devasi)
16. Jai Singh S/o Shri Hari Singh, Aged About 47 Years, R/o
Ii/59, G.a.d. Flats, Behind Gandhi Nagar Club, Jaipur
(Raj.) Presently Posted As Joint Secretary To Government,
D.O.P. (A-Iii), Rajasthan, Jaipur
17. Pushpa Satyani D/o Lt. Shri C. M. Satyani W/ O Shri Dr.
Vijay Vasandani, Aged About 50 Years, R/o 2/61, G.A.D.
Flats, Gandhi Nagar, Jaipur (Raj.) Presently Posted As
L.A.O., S.E. Office, Irrigation Circle, Jhalawar
18. Purusottam Sharma S/o Shri Devki Nandan Sharma, Aged
About 44 Years, R/o E-735, Gandhi Nagar, Jaipur (Raj.)
(3 of 5) [CW-24484/2018]
Presently Posted As Joint Secretary To Government,
D.o.p. (B), Rajasthan, Jaipur
19. Avadhesh Singh S/o Shri Ram Krishan Singh, Aged About
46 Years, R/o Flat No. 702, Krishnam, Plot No. B-79,
Rajendra Marg, Bapu Nagar, Jaipur (Raj.) Presently Posted
As Joint Secretary To Government, D.o.p. (A-III/comp.),
Rajasthan, Jaipur
20. Jagveer Singh S/o Shri Girraj Prasad, Aged About 45
Years, R/o 82/39, Mansarovar, Jaipur (Raj.) Presently
Posted As Joint Secretary To Government, Finance (Exp-
Ii) Department, Jaipur
----Petitioners
Versus
1. Union Of India Through The Secretary, Department Of
Personnel And Training, North Block, New Delhi-110001
2. State Of Rajasthan, Through The Chief Secretary,
Government Of Rajasthan, Secretariat, Jaipur-302006
3. The Principal Secretary, Department Of Personnel,
Government Of Rajasthan, Secretariat, Jaipur-302006
4. Union Public Service Commission Through The Secretary,
Dholpur House, Shahajahan Road, New Delhi-110069
5. Shri Rajendra Singh Tanwar S/o Late Shri Malook Chand
Tanwar, Aged About 47 Years, Resident Of 119, Ranjeet
Nagar, Khatipura, Jaipur, Rajasthan. Presently Working As
Director, Department Of Manpower, Jaipur
6. Shri Naved Ali Zaidi S/o Shri M.a. Zaidi, Aged About 42
Years, R/o 404, Golde Sapphire, Fateh Tiba, Aarsh Nagar,
Jaipur-302004, Presently Working As Assistant
Commissioner, Commercial Tax Department, Government
Of Rajasthan, Jaipur
7. Mahendra Kumar Parakh S/o Shri K. C. Jain, Aged About
55 Years, R/o 502, Airport Residency, Ravindra Nagar-A,
Jagatpura, Jaipur (Raj.) Presently Posted As Special Asstt.
To Minister, Home, Justice, Home Guards, Civil Defence,
Jail, Disaster Mngt. And Relief, Raj., Jaipur (Shri Gulab
Chand Kataria)
8. Hanuman Mal Dhaka S/o Shri Hari Ram Dhaka, Aged
About 44 Years, R/o 121, Guru Jambheshwar Nagar-A,
Lane No. 4, Gandhi Path, Jaipur (Raj.) Presently Posted
As Special Assistant To State Minister, Revenue,
(4 of 5) [CW-24484/2018]
Colonisation, Sainik Kalyan, Rehabilitation, Jaipur City
Rehabilitation And Re-Settlement Department, Jaipur
(Shri Amraram)
9. Jameel Ahmed Qureshi S/o Lt. Shri Abdul Rajjaq, Aged
About 56 Years, R/o II/11, Gandhi Nagar, Government
Quarters, Tonk Road, Jaipur (Raj.) Presently Posted As
Special Asstt. To Minister, P.W.D., Transport Department,
Jaipur (Shri Yunus Khan)
----Respondents
For Petitioner(s) : Mr. Tanveer Ahamad
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
HON'BLE MR. JUSTICE GOVERDHAN BARDHAR
Order
31/10/2018
This writ petition has been filed against the order passed by the Tribunal on 25.10.2018 in M.A./291/623/2018 filed by the applicants for their impleadment as party respondent in the O.A./291/494/2018, by which the Tribunal while allowing the application, ordered to implead the applicants as party respondents to the Original Application. The order dated 25.10.2018 also allowed M.A./291/642/2018 whereby the Tribunal permitted the amendment to be made in the Original Application, and the matter was ordered to be fixed on 13.11.2018 for reply to the amended Original Application.
The learned counsel for the petitioners submitted that despite the ban imposed by the Election Commission of India, the respondents are undertaking the exercise of promotion.
As per the own showing of the petitioners, they have already approached the Chief Election Officer and it is up to him to take a view about that. It is open to the petitioners to again approach (5 of 5) [CW-24484/2018] him. In so far as the prayer of the petitioners to pass the interim stay order is concerned, this court finds that the Tribunal has not passed any order either way on the prayer of the petitioners. The impugned order has merely fixed 13.11.2018 as the next date. We therefore do not deem it appropriate to consider the matter on merits and pass any interim order as the main matter is still pending before the Central Administrative Tribunal. However, considering the urgency expressed by the petitioners the court requires them to again approach the Tribunal by making appropriate application for early consideration of their prayer for appropriate interim order.
With that liberty to the petitioners, the writ petition is dismissed. This also disposes of the stay application. (GOVERDHAN BARDHAR),J (MOHAMMAD RAFIQ),J //Jaiman//53 Powered by TCPDF (www.tcpdf.org)