Jitendra Singh S/O Shri Pabu Singh vs The State Of Rajasthan
2021 Latest Caselaw 5601 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 11579/2021

Jitendra Singh S/o Shri Pabu Singh
                                                                  ----Petitioner
                                   Versus
The State Of Rajasthan
                                                                ----Respondent

For Petitioner(s) : Mr. Ajeet Kumar Bhandari with Mr. Namo Narayan Sharma For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

05/10/2021

Counsel for the petitioner submits that the issue involved in

this writ petition has already been considered by a Co-ordinate

Bench of this Court in the matter of Hemendra Sharma Vs. The

State of Rajasthan & Ors. (S.B. Civil Writ Petition No.10417/2021),

wherein on 20.09.2021, the following order was passed:-

"It is submitted by learned counsel for the petitioner that the circular dated 26.07.2006 (Annex.-12), is contrary to various judgments of this Court, which have held that despite penalty of censure, a person cannot be deprived of his consideration for promotion on the criteria of Seniority-cum-Merit. Reliance has been placed on Ram Khilari Meena v. State of Raj. & Ors.: Special Appeal (Writ) No. 470/2007, decided on 23.09.2010, which has been followed in Jai Singh v. State of Raj. & Ors.: SBCW No. 12267/2009, decided on 04.02.2011.

In view of the submissions made, issue notice. Issue notice of the stay application also, returnable in four weeks.

Notices when issued be given 'dasti' to the learned counsel for the petitioner. In the meanwhile, in case, the DPC is held, the case of the petitioner for promotion shall

(2 of 2) [CW-11579/2021]

be considered provisionally by the DPC, however, the said consideration shall remain subject to the final outcome of the present writ petition."

In that view of the matter, issue notice to the respondents,

returnable by eight weeks.

In the meanwhile, in case, the DPC is held, the case of the

petitioner for promotion shall be considered provisionally by the

DPC, however, the said consideration shall remain subject to final

outcome of the present writ petition.

(INDERJEET SINGH),J

Upendra Pratap Singh /242

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