HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 17375/2022 Virendra Singh S/o Shri Vishnu Singh Rathore, Aged About 53 Years, Resident Of Village And Post Dhingi, Tehsil Taranagar, District Churu At Present Posted As School Lecturer At Govt. Senior Secondary School, Bhamasi, Churu.
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary, Education Department Govt. Of Rajasthan, Secretariat, Jaipur.
2. Director, Secondary Education, Bikaner, Rajasthan.
3. Joint Director, Secondary Education, Churu, Rajasthan.
4. District Education Officer, Secondary Education, Churu, Rajasthan.
5. Principal, Govt. Senior Secondary School, Bhamasi, Tehsil And District Churu.
----Respondents For Petitioner(s) : Mr. Vikas Bijarnia For Respondent(s) : Mr. Hemant Choudhary, Govt. Counsel JUSTICE DINESH MEHTA Order 09/01/2023
1. The petitioner has approached this Court with a grievance that in spite of the fact that he has been promoted vide order dated 02.11.2022, the respondents are not relieving him to join at the promotional post.
2. Mr. Choudhary, learned Government Counsel submitted that the petitioner's promotion stood cancelled in the review DPC.
3. At this juncture, Mr. Bijarnia, learned counsel for the petitioner argued that on account of having three children after 01.06.2002, the petitioner's benefit of ACP has already been (Downloaded on 09/01/2023 at 11:30:03 PM) (2 of 2) [CW-17375/2022] revoked by the respondents and, therefore, denial of promotion on the very same count (i.e. having more than two children after 01.06.2002) amounts to double jeopardy.
4. While keeping the present petition pending, the petitioner is directed to file a detailed representation before the Director/ competent authority of the respondents along with photocopy of the judgments, he relies upon.
5. In case, the representation is filed within a period of 7 days' from today, the competent authority shall consider the same in accordance with law, as early as possible preferably before the next date of hearing.
6. List this case on 20.02.2023.
7. Meanwhile, in case the petitioner is restrained from joining/ fails to join on the promotional post pursuant to the order dated 02.11.2022, no prejudicial action shall be taken against him.
8. Connect with S.B. Civil Writ Petition No. 5379/2022.
(DINESH MEHTA),J 110-Inder/-
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