Rajasthan High Court - Jaipur
Rakesh Kumar Sharma And Anr vs J V V N Ltd And Ors on 5 August, 2013
Author: M.N. Bhandari
Bench: M.N. Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR S.B. Civil Writ Petition No.14212/2013 Rakesh Kumar Sharma & Anr. Versus Jaipur Vidyut Vitaran Nigam Limited & Ors. DATE OF ORDER : 05/08/2013 HON'BLE MR. JUSTICE M.N. BHANDARI Petitioner/s present in person ***
Petitioner present in person submits that a writ petition bearing no.6099/2012 is pending where petitioner has challenged the promotion of private respondent. The writ petition is yet to be decided. This writ petition has been filed to seek restrain order against the respondent to make promotion to the post of Chief Personnel Officer during pendency of the earlier writ petition no.6099/2012. It is moreso when only one post of Chief Personnel Officer exists and if petitioner's candidature is not taken note of and considered, he would be deprived to get promotion.
I have considered the submission made and find that according to the petitioner himself, Writ Petition No.6099/2012 is pending where challenge is to the promotion of private individual. For the aforesaid pending writ petition, restrain order has been sought by filing this petition. In fact, in the pending writ petition, prayer can be made of the nature prayed therein. If petitioner feels that person was wrongly given promotion and challenge exists in the earlier writ petition and should be decided first then also needs to pursue earlier writ petition, but so far as second writ petition is concerned, I do not find any ground to restrain the respondents to hold DPC for promotion to the post of Chief Personnel Officer. So far as consideration of candidature of the petitioner is concerned, if he will not fall in the zone of consideration, definitely he would be considered and not otherwise. There is no other prayer in the writ petition then a direction for consideration of his candidature for promotion to the post of Chief Personnel Officer.
The writ petition so as stay application are accordingly dismissed. However, it will not affect right of the petitioner pending consideration of earlier writ petition and he would be at liberty to pursue the said writ petition and even pray for restrain order by making an appropriate application.
[M.N.BHANDARI], J.
FRBOHRA/14212CWP2013.doc Certificate:
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
FATEH RAJ BOHRA, P.A.